Rochellel's Daily Wire

September 21, 2016

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

11th Circuit, Alabama, Alabama Middle District

September 20, 2016

Post-Confirmation Jurisdiction Is Narrow Following a Bona Fide Reorganization

After confirmation, New York’s Judge Glenn requires ‘close nexus’ for jurisdiction.

2nd Circuit, New York, New York Southern District

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 16, 2016

Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1

For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.

2nd Circuit, Vermont

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

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

6th Circuit, Michigan, Michigan Eastern 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 14, 2016

Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds

Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.

9th Circuit

September 13, 2016

Municipality Rekindled Indemnification Obligations After Confirmation, Circuit Says

Ninth Circuit opinion is unremarkable but might be read incorrectly and disastrously.

9th 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