April 11, 2019
‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules
Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.
4th Circuit, West Virginia, West Virginia Southern DistrictApril 10, 2019
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
4th Circuit, Virginia, Virginia Western DistrictApril 09, 2019
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.
11th CircuitApril 08, 2019
Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.
9th Circuit, ArizonaApril 05, 2019
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
9th Circuit, ArizonaApril 04, 2019
Filing Tag-Team Bankruptcies Resulted in Suspension from Practice
Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.
7th CircuitApril 03, 2019
Courts Divided on Venue for Small-Dollar Avoidance Actions
Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
D.C. CircuitApril 02, 2019
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
5th Circuit, Texas, Texas Northern DistrictApril 01, 2019
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.
11th Circuit, Florida, Florida Southern DistrictMarch 29, 2019
Puerto Rico Bondholders Can’t Compel Payment During Bankruptcy, First Circuit Says
First Circuit interprets chapter 9 and PROMESA to permit but not compel payments to special revenue bondholders during debt arrangement proceedings.
1st Circuit