August 08, 2016

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

11th Circuit, Alabama, Alabama Middle District

August 04, 2016

Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss

Evading payment of a debt is a valid use of chapter 7, Florida judge rules.

11th Circuit, Florida, Florida Middle District

August 03, 2016

Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA

Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.

5th Circuit, Louisiana, Louisiana Western District

August 02, 2016

Section 303(a) Precludes Substantive Consolidation Among Religious Institutions

Pleading hierarchical control is insufficient for substantive consolidation.

8th Circuit, Minnesota

August 01, 2016

New York District Judge Lays Down Lenient Standard for Imputing Fraudulent Intent

Former Bankruptcy Judge Gerber reversed in Lyondell for being too strict, then for being too lenient.

2nd Circuit, New York, New York Southern District

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 25, 2016

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit

July 19, 2016

Class Claims Not Categorically Barred in Bankruptcy, Delaware Judge Rules

Failure to notice all class members was pivotal in permitting a class proof of claim.

3rd Circuit

July 15, 2016

Ninth Circuit to Rehear Case Denigrating the Status of Bankruptcy Appellate Panels

Ninth Circuit will decide en banc whether BAPs were “established” by Congress.

9th Circuit

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.

6th Circuit, Ohio, Ohio Northern District