January 18, 2019
Sixth Circuit Opinion Shows the Importance of the Upcoming Obduskey Decision
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
6th CircuitJanuary 17, 2019
Setoff Doesn’t Apply to Mutual Debts and Credits in Agricultural Commodities
Second Circuit interprets PACA to preclude setting off debts and credits from the sale of perishable agricultural commodities.
2nd CircuitJanuary 15, 2019
Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.
Supreme CourtJanuary 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
10th CircuitJanuary 07, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Supreme CourtJanuary 04, 2019
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
6th Circuit, Michigan, Michigan Western DistrictDecember 11, 2018
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
10th CircuitDecember 07, 2018
A Lack of ‘Stern’ Jurisdiction Bars a Transfer Under 28 U.S.C. § 1631
Third Circuit makes a fine distinction regarding bankruptcy courts as ‘courts of the U.S.’
3rd CircuitNovember 30, 2018
Circuit Upholds $257,000 in Sanctions for Failure to Disclose a Claim Assignment
A lawyer was personally assessed $257,000 in sanctions for failure to disclose that his client had sold its $14 million claim.
6th CircuitNovember 27, 2018
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
7th Circuit, Indiana, Indiana Southern District