April 08, 2019

Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage

Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.

9th Circuit, Arizona

April 05, 2019

Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims

Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.

9th Circuit, Arizona

April 04, 2019

Filing Tag-Team Bankruptcies Resulted in Suspension from Practice

Fed up with a lawyer’s frivolous litigation tactics, the federal and state courts suspended a lawyer from practice.

7th Circuit

April 03, 2019

Courts Divided on Venue for Small-Dollar Avoidance Actions

Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.

D.C. Circuit

April 02, 2019

BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender

Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.

5th Circuit, Texas, Texas Northern District

April 01, 2019

Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal

Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.

11th Circuit, Florida, Florida Southern District

March 27, 2019

Ninth Circuit Lays Down Additional Pleading Requirements for FCRA Complaints

Curiously, a Ninth Circuit panel imposed significant pleading requirements for FCRA complaints but only issued a nonprecedential opinion.

9th Circuit

March 26, 2019

‘Deemed Allowed’ Claims Can Be Binding in Subsequent Litigation, Circuit Says

A failure to distinguish between res judicata and collateral estoppel turned out to be costly.

6th Circuit

March 21, 2019

Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments

A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.

11th Circuit, Georgia, Georgia Northern District

March 20, 2019

Nonjudicial Foreclosure Is Not Subject to the FDCPA, Supreme Court Rules

Supreme Court says that activities not required by state law in nonjudicial foreclosure may be covered by the FDCPA.

Supreme Court