Rochellel's Daily Wire

January 12, 2016

Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation

Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.

9th Circuit

January 12, 2016

Assignee for Creditors Has No Power to File Bankruptcy, 11th Circuit Says

Powers of an assignee for creditors are restrictive, not expansive.

11th Circuit

January 12, 2016

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.

9th Circuit

January 11, 2016

Fifth Circuit Sticks by ‘Specificity’ Test for Third-Party Releases

Generic language won’t release third parties in the Fifth Circuit.

5th Circuit

January 11, 2016

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit

January 11, 2016

Florida Judge Reads Eleventh Circuit Conservatively on Third-Party Releases

Plan insulating business owners flunks the test for third-party releases.

11th Circuit, Florida, Florida Middle District

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 08, 2016

District Judge Packs Off New GM to the First Ignition Switch Trial in Oklahoma

New GM and ignition switch plaintiffs play high-stakes poker in federal court.

2nd Circuit, New York, New York Southern District

January 08, 2016

Second Circuit Broadly Reads Claim Subordination Under Section 510(b)

Lehman co-underwriters are stuck with worthless contribution claims.

2nd Circuit

January 08, 2016

Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt

Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.

7th Circuit, Illinois, Illinois Northern District