March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit

March 06, 2017

Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)

Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.

March 03, 2017

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

4th Circuit

March 01, 2017

Circuit Split Widens on Stay Violation for Failure to Turn Over Repossessed Collateral

Tenth Circuit joins the minority by holding that passive retention of collateral is no stay violation.

10th Circuit

February 28, 2017

Judgments for Malice in California Aren’t Nondischargeable Automatically

Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.

9th Circuit

Federal Judgment Rate Is Employed when Claims Are Paid in Full

Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).

11th Circuit, Georgia, Georgia Northern District

February 27, 2017

Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims

Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?

6th Circuit

February 23, 2017

For Insufficient Notice, a Recorded Right of First Refusal Survived a Sale

Constructive notice deprived a purchaser of ‘bona fide’ status.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 21, 2017

Banks Admonished to File Foreclosure Deeds Promptly, or Else

Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.

1st Circuit, Massachusetts

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District