May 26, 2016

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

11th Circuit

May 25, 2016

Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible

Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.

Supreme Court

May 23, 2016

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit, Oklahoma, Oklahoma Western District

May 20, 2016

Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13

Rule 3002(c) has the only permissible grounds for allowing a late claim.

6th Circuit

May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

May 02, 2016

Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal

Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.

6th Circuit

April 20, 2016

Austin Judge Writes Treatise on Valuation of Personal Property

Lender needs more than Blue Book value to win a valuation trial.

5th Circuit, Texas, Texas Western District

April 16, 2016

Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning

High court should revisit Kelly v. Robinson from 1986, circuit court says.

9th Circuit

April 12, 2016

Ninth Circuit Makes Glaring Error in Chapter 11 Cramdown Opinion

Circuit erroneously cites Section 1325 as governing in chapter 11 cramdown.

9th Circuit