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

September 01, 2016

Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7

Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.

5th Circuit, Texas, Texas Southern District

August 31, 2016

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.

3rd Circuit

August 30, 2016

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit, Connecticut

August 30, 2016

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

11th Circuit, Alabama, Alabama Middle District

August 29, 2016

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit

August 29, 2016

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

9th Circuit

August 26, 2016

Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

9th Circuit