BAP says the Tenth Circuit adopts legal fictions to create preferences.

Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.

A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.

‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

For now, the high court ducks an important automatic stay question for chapter 13 debtors.

Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.