Rochellel's Daily Wire

January 07, 2016

Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts

Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns.

9th Circuit

January 07, 2016

Florida District Court Again Overrides the FDCPA on Time-Barred Claims

Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.

11th Circuit, Florida, Florida Middle District

January 07, 2016

Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits

Ninth Circuit BAP removes another potential barrier to using “chapter 20.”

9th Circuit

January 07, 2016

Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan

Equity powers enable a judge to put the screws to a chapter 13 debtor.

5th Circuit, Texas, Texas Western District

January 06, 2016

Second Circuit Charts a New Course Favoring Debtors on the FDCPA

Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.

2nd Circuit

January 06, 2016

SEC Can Freeze Assets Without Violating the Automatic Stay, Circuit Holds

Bankruptcy failed to insulate the Wyly brothers from an SEC asset freeze.

2nd Circuit

January 06, 2016

Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)

Specific intent to benefit the lender not required before surcharging collateral.

5th Circuit

January 06, 2016

Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds

Judge imposes disinterestedness requirement not included in the statute.

2nd Circuit, New York, New York Eastern District

January 05, 2016

Seventh Circuit Lays Down an Easy Standard for Enjoining Suits Against Third Parties

Posner singlehandedly turns Chicago into a more desirable forum for large chapter 11s.

7th Circuit

January 05, 2016

Coal Producer Walter Energy Authorized to Terminate Union Contracts and Benefits

Donald Trump represents hope for coal miners, but not for reasons you might think, judge says.

11th Circuit, Alabama, Alabama Northern District