January 31, 2018
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
8th CircuitJanuary 05, 2018
Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says
Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants.
8th Circuit, MinnesotaSeptember 06, 2017
Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding
The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.
8th Circuit, Missouri, Missouri Western DistrictAugust 31, 2017
Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers
The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.
8th CircuitAugust 25, 2017
No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says
Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.
August 22, 2017
Arbitration Ordered Although Creditor Filed a Proof of Claim
District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.
8th Circuit, Arkansas, Arkansas Eastern DistrictJuly 03, 2017
Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Section 105(a) was utilized because Section 1301 is silent on sanctions.
8th Circuit, Iowa, Iowa Northern DistrictJune 19, 2017
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
8th CircuitJune 15, 2017
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture
Criminal forfeiture and bankruptcy protect different interests, district judge says.
8th Circuit, MinnesotaMay 04, 2017
Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
8th Circuit, Iowa, Iowa Northern District