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

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 08, 2016

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit, Florida, Florida Middle District

February 04, 2016

Subjective Bad Faith Alone Is Sufficient to Warrant Dismissal

District judge reads the tea leaves on Second Circuit standard for dismissal.

2nd Circuit, Connecticut

February 03, 2016

Delaware Judge Categorically Bars All Counsel from Compensation for Defense of Fees

Artful drafting cannot evade ASARCO to reimburse counsel for defense of fees.

3rd Circuit, Delaware

January 29, 2016

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit

January 21, 2016

Fifth Circuit Reads Section 707(a) Dismissal for ‘Cause’ Broadly

Judge Edith Jones elevates ‘chutzpah’ to a legal concept in the Fifth Circuit.

5th Circuit

January 20, 2016

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit, New York, New York Southern District

January 14, 2016

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit, New York, New York Southern District

January 11, 2016

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit