Displaying with Topic Claims | ABI

April 08, 2016

Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate

9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.

April 04, 2016

Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan

Default interest rate given to unsecured creditors in full-payment chapter 11 plan.

7th Circuit, Illinois, Illinois Northern District

March 30, 2016

Extension Granted for Filing Claims When Case Temporarily Dismissed

First Circuit becomes first appeals court to allow more time for a claim following dismissal.

March 28, 2016

Second Circuit Closes Loopholes in ‘Safe Harbor’ to Protect Selling LBO Shareholders

Creditors, not just trustees, are barred from suing by Section 546(e).

March 23, 2016

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

11th Circuit, Alabama, Alabama Middle District

March 14, 2016

Varying Standards on Informal Claims Beg for Resolution in the Supreme Court

Same facts on informal proofs of claim yield different results in different circuits.

8th Circuit, Minnesota

March 11, 2016

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

March 07, 2016

Courts Split on Stripping Down Residential Mortgages in Chapter 11

Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).

9th Circuit, California, California Northern District

February 26, 2016

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.

February 15, 2016

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit, Florida, Florida Southern District