Eighth Circuit Applies Cap on Lease Claims to a Fraudulent Transfer Judgment
Appeals court had sympathy for the debtor by disallowing part but not all of a judgment for receipt of a fraudulent transfer with ‘actual intent.’
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Eighth Circuit Has No Per Se Rule Disallowing Exemptions for IRAs in Divorce
Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.
Judge Name - Do not use it.
Duane Benton
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
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
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
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
Judge Name - Do not use it.
Duane Benton
Eighth Circuit Holds that Loss of a Defense Does Not Give Standing to Appeal
Can substantive consolidation eradicate a defendant’s affirmative defense?
Judge Name - Do not use it.
Duane Benton, Kermit E. Bye
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
Judge Name - Do not use it.
Duane Benton