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.
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.
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.
Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel
Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.
Third Party Liability for Debtor’s Counsel Fees Precludes a Charging Lien
Third party liability for attorneys’ fees can leave debtor’s counsel in a worse position following nonpayment.
Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules
California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.
Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery
Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.
No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says
Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.
Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context
Second Circuit holds a dress rehearsal for a major arbitration decision.