September 23, 2016

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

2nd Circuit, New York, New York Southern District

September 21, 2016

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

11th Circuit, Alabama, Alabama Middle District

September 19, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 15, 2016

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

6th Circuit, Michigan, Michigan Eastern District

September 15, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 13, 2016

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

11th Circuit, Alabama, Alabama Northern District

September 07, 2016

Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights

Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

September 06, 2016

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

11th Circuit, Florida, Florida Southern District

September 02, 2016

Denial of Motions to Dismiss Petitions: Are They Final or Not?

Bullard leaves questions unanswered when debtors move to dismiss their own petitions.

2nd Circuit, New York, New York Eastern District

August 30, 2016

Ninth Circuit to Rule on ‘Related To’ Removal of Securities Lawsuits

Ninth Circuit can split with the Second on bar to removal of suits under the ’33 Securities Act.

9th Circuit, California, California Northern District