April 19, 2016

Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction

Unartful complaint didn’t prove fatal on a change-of-venue motion.

5th Circuit, Texas, Texas Eastern District

April 15, 2016

Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)

Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.

6th Circuit, Tennessee, Tennessee Eastern District

April 12, 2016

Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds

Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.

11th Circuit

April 07, 2016

Power to Issue Money Judgment for Nondischargeable Debt Survives after Stern

Posner chides bankruptcy judge for reluctance to enter money judgment.

7th Circuit

April 06, 2016

Power of Substantive Consolidation Survives Law v. Siegel

Supreme Court authority is read narrowly to preserve traditional equity powers.

9th Circuit

April 04, 2016

Using Correspondent U.S. Bank Can Result in Personal Jurisdiction in U.S. Courts

Fleeting passage of money through the U.S. can bestow jurisdiction on U.S. courts.

2nd Circuit, New York, New York Southern District

March 30, 2016

Extension Granted for Filing Claims When Case Temporarily Dismissed

First Circuit becomes first appeals court to allow more time for a claim following dismissal.

1st Circuit

March 29, 2016

BAPs Lack Jurisdiction to Issue Mandamus Writs, Ninth Circuit Majority Holds

BAPs weren’t created by Congress, Ninth Circuit holds over vigorous dissent.

9th Circuit

March 28, 2016

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

2nd Circuit

March 23, 2016

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

11th Circuit, Alabama, Alabama Middle District