July 27, 2016

Ninth Circuit B.A.P. Classifies a Loan for Living Expenses as a Business Debt

Personal loan with a profit objective becomes a business debt.

9th Circuit

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 21, 2016

Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities

Sometimes, an annuity is not an annuity, regardless of what the documents say.

5th Circuit

July 18, 2016

An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt

Georgia district judge confronts creditors who file claims based on stale debts.

11th Circuit, Georgia, Georgia Southern District

Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules

‘Plain meaning’ permits discharge of some tax penalties.

1st Circuit, Massachusetts

July 15, 2016

Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns

Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.

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

July 14, 2016

Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit

Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.

D.C. Circuit

July 12, 2016

Creditors Lack Standing to Appeal in ‘No Asset’ Cases

Sometimes only priority creditors will have standing to appeal, Seventh Circuit says.

7th Circuit

Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA

Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.

8th Circuit