September 19, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 15, 2016

Split Grows on Dischargeability of Tax Liability on Late-Filed Returns

Nashville judge holds that late-filed tax debt can sometimes be discharged.

6th Circuit, Tennessee, Tennessee Middle District

September 15, 2016

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

5th Circuit

September 13, 2016

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

11th Circuit, Alabama, Alabama Northern District

September 12, 2016

Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns

Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.

1st Circuit, Massachusetts

August 30, 2016

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit, Connecticut

August 29, 2016

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit

August 29, 2016

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

9th Circuit

August 15, 2016

Chapter 13 Confirmation Bars Garnishment to Pay Child Support

BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.

11th Circuit

August 12, 2016

Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds

Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’

9th Circuit