February 19, 2016

No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds

Delaware is now on par with New York in disallowing make-whole premiums.

3rd Circuit, Delaware

February 08, 2016

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit, Florida, Florida Middle District

January 26, 2016

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit, Oregon

January 19, 2016

Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition

Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.

2nd Circuit, New York, New York Southern District

January 15, 2016

Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate

Foreclosing property not in the debtor's name sometimes can violate the automatic stay.

1st Circuit, New Hampshire

January 14, 2016

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit, New York, New York Southern District

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 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 06, 2016

Second Circuit Charts a New Course Favoring Debtors on the FDCPA

Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.

2nd Circuit

January 05, 2016

Seventh Circuit Lays Down an Easy Standard for Enjoining Suits Against Third Parties

Posner singlehandedly turns Chicago into a more desirable forum for large chapter 11s.

7th Circuit