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.
Florida District Court Again Overrides the FDCPA on Time-Barred Claims
Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.
Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits
Ninth Circuit BAP removes another potential barrier to using “chapter 20.”
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.
Second Circuit Charts a New Course Favoring Debtors on the FDCPA
Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.
SEC Can Freeze Assets Without Violating the Automatic Stay, Circuit Holds
Bankruptcy failed to insulate the Wyly brothers from an SEC asset freeze.
Fifth Circuit Clarifies Rule on Surcharging Collateral Under Section 506(c)
Specific intent to benefit the lender not required before surcharging collateral.
Elected Chapter 7 Trustee Must Be Disinterested, Long Island Judge Holds
Judge imposes disinterestedness requirement not included in the statute.
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.
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.
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