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ABI Journal

Rochellel's Daily Wire

January 05, 2017

Lease Rejection Cap Doesn’t Apply to Past-Due Rent Accrued Before Rejection

Ninth Circuit refuses to apply Section 506(b)(6) to all damages related to lease claims.

9th Circuit

January 04, 2017

Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation

Government says that filing a stale bankruptcy claim violates the FDCPA.

Supreme Court

January 03, 2017

Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

5th Circuit, Texas, Texas Southern District

December 30, 2016

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

6th Circuit, Kentucky, Kentucky Western District

December 29, 2016

Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery

Work product and opinion privileges protect mediation statement from discovery.

8th Circuit, Missouri, Missouri Western District

December 28, 2016

‘All Assets’ Combined with ‘Including’ Makes a UCC-1 Bulletproof, Circuit Says

Even if location is wrong, financing statement is sufficient by saying ‘all assets.’

2nd Circuit

December 27, 2016

Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)

Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.

7th Circuit

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

December 22, 2016

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

4th Circuit

December 21, 2016

Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future

Energy Future claims Third Circuit panel misinterpreted governing New York law.

3rd Circuit