Puerto Rico’s Hopes Rise After Oral Argument in the Supreme Court
Some justices ask why Puerto Rico can’t legislate to keep the lights on.
Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation
Dissenter would have used a $1 case to rule on an issue of first impression.
An Inherited Home Can Be Covered by the Homestead Exemption
Exemptions are not always fixed on the date of filing.
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Judge Writes a Treatise on Provisional Overdrafts and Preferences
No debt, and thus no preference, arises until after the midnight deadline.
Madoff Investor’s Suspicion of Fraud Does Not Generate Greater Liability
The right paper trail helps avoid liability for profiting from a Ponzi scheme.
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit
Ability to pay is one factor in imposing sanctions for misconduct.
Judges Sontchi and Drain Agree on Treatment Among Undersecured Creditors
No need for venue-shopping between Delaware and New York for undersecured creditors.