February 29, 2016

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit

February 26, 2016

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.

1st Circuit

February 23, 2016

Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey

Condos in New Jersey get better protection from the court than from the state legislature.

3rd Circuit, New Jersey

February 22, 2016

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

6th Circuit, Michigan, Michigan Eastern District

February 18, 2016

Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’

Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.

Supreme Court

February 17, 2016

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?

10th Circuit, Colorado

February 17, 2016

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.

9th Circuit, California, California Northern District

February 16, 2016

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

11th Circuit

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 15, 2016

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit, Florida, Florida Southern District