Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Supreme Court Likely to Decide Whether ‘Structured Dismissals’ Are Permissible
Justices may rule on whether bankruptcy settlements can disregard Section 507 priorities.
Final Order of Dismissal Makes Other Appeals Constitutionally Moot
Ninth Circuit adopts Eighth Circuit test for constitutional mootness.
Domino Effect on Bankruptcy Is Enough for ‘Related To’ Jurisdiction, Circuit Says
State procedural laws mandating dismissal are not applicable in federal court.
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract
Labor loses another appeal in the onslaught of energy bankruptcies.
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.
Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
Volunteers Needed for Amicus Briefs in Ninth Circuit Rehearing on Power of BAPs
Ninth Circuit needs guidance from scholars on the status of bankruptcy appellate panels.