February 06, 2020
Lender and Servicer Held Liable for Making False Claim for Real Estate Taxes
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
5th Circuit, Texas, Texas Southern DistrictFebruary 04, 2020
First Circuit’s Traditional Approach to Section 552 Cuts Off Bondholders’ Liens
Employer contributions to Puerto Rico’s retirement system did not qualify as ‘special revenues,’ with the result that bondholders’ liens were cut off on the filing date.
1st CircuitJanuary 31, 2020
U.S. Receivership Court Had No Jurisdiction over Foreign Liquidators
District judge decides that he lacked jurisdiction to enforce a cross-border protocol against foreign liquidators.
5th Circuit, Texas, Texas Northern DistrictJanuary 28, 2020
Circuit Split Widens over Discharging Taxes on Late-Filed Returns
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
January 22, 2020
Reservation of Rights Won’t Prevent Waiver of Right to Jury Trial
The general rule in Langenkamp calling for the waiver of Seventh Amendment rights prevails over the unique facts of a case.
5th Circuit, Texas, Texas Western DistrictJanuary 02, 2020
PACA Doesn’t Give Rise to Denial of Discharge for Defalcation, Chicago Judge Says
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
7th Circuit, Illinois, Illinois Northern DistrictDecember 26, 2019
Divided Fifth Circuit Again Permits Third-Party Injunctions in Stanford Receivership
Fifth Circuit should decide en banc whether nondebtor releases are permissible in receiverships but not in bankruptcy cases.
5th CircuitDecember 19, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
4th Circuit, Virginia, Virginia Eastern DistrictDecember 10, 2019
Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
Supreme CourtDecember 05, 2019
The Supreme Court May Duck a Case Involving Federal Common Law vs. State Law
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
Supreme Court