August 01, 2017

Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order

Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.

9th Circuit

December 22, 2016

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

4th Circuit

December 14, 2016

Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal

Consistent, dilatory conduct required for dismissing an appeal, circuit says.

11th Circuit

October 04, 2016

Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal

Pro se debtors must be told explicitly of the right to request a hearing.

4th Circuit, Virginia, Virginia Western District

August 29, 2016

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit

August 11, 2016

Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA

Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.

7th Circuit

July 28, 2016

Award of Attorneys’ Fees to the Government Is a Dischargeable Debt

Section 523(a)(7) interpreted narrowly in a fee-shifting dispute.

6th Circuit, Michigan, Michigan Eastern District

July 12, 2016

Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA

Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.

8th Circuit

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).

2nd Circuit

December 15, 2015

Sixth Circuit Splits with Third on Substantial Contribution in Chapter 7

Creditors, rejoice! Substantial contribution is rewarded, at least in the Sixth Circuit.

6th Circuit