Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says Courts are split on the status of inherited claims as estate property. Judge Name - Do not use it. Susan Richard Nelson Read more about Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice. Judge Name - Do not use it. Duane Benton Read more about Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants. Judge Name - Do not use it. Robert J. Kressel Read more about Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says
Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says. Judge Name - Do not use it. Dennis R. Dow Read more about Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding
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. Judge Name - Do not use it. Duane Benton Read more about Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers
No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor. Judge Name - Do not use it. James B. Loken Read more about No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says
Arbitration Ordered Although Creditor Filed a Proof of Claim District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor. Judge Name - Do not use it. D.P. Marshall, Jr. Read more about Arbitration Ordered Although Creditor Filed a Proof of Claim
Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay Section 105(a) was utilized because Section 1301 is silent on sanctions. Read more about Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts ‘Ordinary course’ defense failed when overdrafts spiked during the preference period. Judge Name - Do not use it. Judge Duane Benton Read more about Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
Bankruptcy Settlement Provided No Protection from Criminal Forfeiture Criminal forfeiture and bankruptcy protect different interests, district judge says. Judge Name - Do not use it. Richard H. Kyle Read more about Bankruptcy Settlement Provided No Protection from Criminal Forfeiture