Rochellel's Daily Wire

April 20, 2017

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

9th Circuit

April 19, 2017

Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA

Statutory interpretation dominates argument on the term’s second FDCPA case.

Supreme Court

April 19, 2017

Supreme Court to Consider Hearing Two Bankruptcy Cases on April 21

High court may decide whether the ‘safe harbor’ completely preempts state fraudulent transfer laws with regard to LBOs of bankrupt companies.

Supreme Court

April 18, 2017

Second Circuit Limits Res Judicata Effect of Prior Bankruptcy Proceedings

Appeals court was reluctant to let lawyers off the hook for allegedly unethical conduct.

2nd Circuit

April 17, 2017

Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine

Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.

10th Circuit

April 14, 2017

Res Judicata Bars Later Suit Against the Owner for WARN Act Violation

Owners and employers should be sued together on the WARN Act to avoid claim splitting.

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

April 12, 2017

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

3rd Circuit

April 11, 2017

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

5th Circuit, Texas, Texas Southern District

April 10, 2017

An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code

Bankruptcy law definition of a ‘lien’ is broader than state law.

8th Circuit, Missouri, Missouri Western District