January 08, 2016

Second Circuit Broadly Reads Claim Subordination Under Section 510(b)

Lehman co-underwriters are stuck with worthless contribution claims.

2nd Circuit

January 08, 2016

Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt

Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.

7th Circuit, Illinois, Illinois Northern District

January 07, 2016

Florida District Court Again Overrides the FDCPA on Time-Barred Claims

Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.

11th Circuit, Florida, Florida Middle District

January 06, 2016

Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)

Specific intent to benefit the lender not required before surcharging collateral.

5th Circuit

January 05, 2016

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District

January 05, 2016

Discrimination in Favor of Student Loans Makes Plan Fatally Defective

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.

10th Circuit, Kansas