Skip to main content
ABI Journal

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 District

February 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 Circuit

January 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 District

January 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.

11th Circuit

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 District

January 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 District

December 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 Circuit

December 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 District

December 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 Court

December 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