December 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
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.
9th CircuitDecember 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
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.
9th CircuitDecember 02, 2020
New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit, New YorkNovember 30, 2020
Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
1st CircuitOctober 30, 2020
Judge Isgur Sides with the Third Circuit and Allows Makewhole Premiums
Creditors are entitled to ‘default interest’ when the debtor is solvent.
5th Circuit, Texas, Texas Southern DistrictOctober 13, 2020
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme CourtSeptember 29, 2020
Surety Bonds Aren’t Executory Contracts and Can’t Be Assumed Even if They Are
Insurance companies must nail down the treatment of performance bonds before plan confirmation.
5th Circuit, LouisianaSeptember 18, 2020
Ninth Circuit Reiterates Its Idiosyncratic Recoupment Standard
Ninth Circuit abjures bright lines in favor of a flexible approach to defining recoupment.
9th CircuitSeptember 02, 2020
Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
7th Circuit, Illinois, Illinois Southern DistrictSeptember 01, 2020
An Undersecured Lender Can Indirectly Waive the Right to an 1111(b) Election
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
6th Circuit, Ohio, Ohio Southern District