August 11, 2016

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

August 08, 2016

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

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