Using Untrained Personnel Is No Defense Against Willful Stay Violation Simple mistake mushrooms into $50,000 in punitive damages for stay violation. Judge Name - Do not use it. William R. Sawyer Read more about Using Untrained Personnel Is No Defense Against Willful Stay Violation
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss Evading payment of a debt is a valid use of chapter 7, Florida judge rules. Judge Name - Do not use it. Erik P. Kimball Read more about Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay. Judge Name - Do not use it. Bankruptcy Judge James R. Sacca Read more about Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt Georgia district judge confronts creditors who file claims based on stale debts. Judge Name - Do not use it. J. Randall Hall Read more about An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement Circuit court rules on grounds less favorable for the debtor than the district judge’s. Judge Name - Do not use it. Lewis A. Kaplan Read more about Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes Eleventh Circuit allows the government on its own to shut down a health care provider in chapter 11. Judge Name - Do not use it. Michael G. Williamson Read more about Circuits Now Split on Bankruptcy Jurisdiction over Medicare Disputes
Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric. Judge Name - Do not use it. Dwight H. Williams, Jr. Read more about Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements
Qui Tam Suits Are Exceptions from the Automatic Stay Automatic stay is no safe harbor from suits under the False Claims Act. Judge Name - Do not use it. Roy B. Dalton, Jr. Read more about Qui Tam Suits Are Exceptions from the Automatic Stay
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. Judge Name - Do not use it. Beverly B. Martin Read more about Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract Labor loses another appeal in the onslaught of energy bankruptcies. Judge Name - Do not use it. R. David Proctor Read more about Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract