August 12, 2016

Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds

Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’

9th Circuit

Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz

Appellate court cannot draw inferences not made in the trial court, circuit says.

5th Circuit

August 11, 2016

Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim

Arizona debtors are stuck with the homestead claimed on the filing date.

9th Circuit, Arizona

Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA

Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.

7th Circuit

August 08, 2016

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

7th Circuit, Illinois, Illinois Northern District

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 05, 2016

Divorcing Couples Not Stuck with Exemptions Claimed at Filing

You need two homestead exemptions? Divorce is the answer.

9th Circuit

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

July 28, 2016

Seventh Circuit Broadly Protects Exemption for Annuities in Wisconsin

Annuity purchased 18 months before bankruptcy is exempt in Wisconsin.

7th Circuit