May 12, 2021

Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy

At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.

2nd Circuit, New York, New York Eastern District

May 07, 2021

Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation

Harassing a former lover isn’t an automatic stay violation.

11th Circuit, Florida, Florida Middle District

May 06, 2021

On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

10th Circuit

May 05, 2021

Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says

First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.

1st Circuit

April 30, 2021

Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.

11th Circuit

April 20, 2021

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit, New York, New York Eastern District

April 15, 2021

Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

7th Circuit

April 14, 2021

Fourth Circuit Seems to Give the Government a Pass for Violating the Stay

Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.

4th Circuit

April 09, 2021

Judge Isgur Knocks Down a Special Counsel’s Fees for ‘Unprofessional’ Conduct

Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.

5th Circuit, Texas, Texas Southern District

April 05, 2021

Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order

Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.

5th Circuit, Texas, Texas Western District