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

July 18, 2016

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

July 15, 2016

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

July 12, 2016

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

July 11, 2016

Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion

Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.

9th Circuit

July 08, 2016

Tenth Circuit Examines Three Versions of Appellate Mootness

Good faith finding is required before dismissal of an appeal under Section 363(m).

10th Circuit

July 07, 2016

District Court Not Bound by Unopposed Objections to Proposed Findings and Conclusions

Fifth Circuit liberates district judges in adopting or rejecting bankruptcy court’s proposed rulings.

5th Circuit