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Home
September 20, 2017
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
11th Circuit
September 19, 2017
Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds
Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.
9th Circuit
September 15, 2017
State Laws on Tracing Determine Whether Tax Refunds Are Exempt
Differing state laws govern the exemption of tax refunds for individuals.
9th Circuit
,
California
,
California Southern District
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
7th Circuit
,
Illinois
,
Illinois Northern District
September 12, 2017
Emotional Distress Damages Awarded for Civil Contempt on Automatic Stay Violation
Philadelphia judge socks the city’s parking authority for impounding a debtor’s car twice.
3rd Circuit
,
Pennsylvania
,
Pennsylvania Eastern District
September 07, 2017
Reversing Itself, Fifth Circuit Panel Reinstates Finality to Exemptions in Chapter 7
After rehearing, the Fifth Circuit rediscovers the snapshot rule by giving finality to exemptions in chapter 7.
5th Circuit
September 06, 2017
Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding
The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.
8th Circuit
,
Missouri
,
Missouri Western District
September 01, 2017
Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
4th Circuit
,
Maryland
Tax Sales Can Be Avoided as Preferences, New Jersey Judge Rules
Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.
3rd Circuit
,
New Jersey
August 31, 2017
Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers
The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.
8th Circuit
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