Skip to main content

December 03, 2020

Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.

November 27, 2020

The Ninth Circuit rules that Taggart raised a ‘significantly high hurdle’ before holding a creditor in contempt of the discharge injunction.

November 23, 2020

An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.

November 12, 2020

Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.

November 11, 2020

The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.

November 10, 2020

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

November 05, 2020

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

October 21, 2020

Judge Christopher Klein parses the burdens of proof on conversion, dismissal and right to a discharge for an individual in chapter 11.

October 20, 2020

Electing English law upheld, even though no one had any connection with the U.K.