December 16, 2016

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

1st Circuit

December 15, 2016

District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment

Social Security benefits were properly cut off to recover overpayment.

7th Circuit, Illinois, Illinois Northern District

December 15, 2016

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.

7th Circuit, Illinois, Illinois Northern District

December 01, 2016

Cutting Off Medicare Funding Is Exempt from the Automatic Stay, First Circuit Says

First Circuit declines to take sides in circuit split over jurisdiction in Medicare disputes.

1st Circuit

November 18, 2016

Puerto Rico Beats Back Another Attack by Holders of Defaulted Bonds

Judge in Puerto Rico is forcing holders of defaulted bonds to negotiate, not litigate.

1st Circuit, Puerto Rico

November 17, 2016

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

9th Circuit, California, California Eastern District

November 14, 2016

State Consumer Protection Law Preempted by the Bankruptcy Code

Preemption easier to find than implied repeal, Chicago district judge says.

7th Circuit, Illinois, Illinois Northern District

November 11, 2016

District Courts Lack Jurisdiction to Enforce Discharge Injunctions

Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.

11th Circuit

November 09, 2016

PROMESA’s and Bankruptcy Code’s Automatic Stay Are Similar, Not Identical

Temporary diversion of collateral doesn’t require ‘adequate protection,’ Puerto Rico Judge says.

1st Circuit, Puerto Rico

November 01, 2016

Chapter 13 Stretches Out the Time for Redeeming Pawned Property

Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.

11th Circuit, Georgia, Georgia Middle District