Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate You can’t stiff your creditors and profit from an inadvertent stay violation claim. Judge Name - Do not use it. Randall L. Dunn Read more about Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
Unpaid Filing Fees Are Nondischargeable Debts in Detroit Bankruptcy judges can be the government’s best collection agents. Judge Name - Do not use it. Thomas J. Tucker Read more about Unpaid Filing Fees Are Nondischargeable Debts in Detroit
No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds Delaware is now on par with New York in disallowing make-whole premiums. Judge Name - Do not use it. Richard G. Andrews Read more about No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
FDCPA Held Applicable to Violations of Discharge Injunction Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit. Judge Name - Do not use it. Virginia M. Hernandez Covington Read more about FDCPA Held Applicable to Violations of Discharge Injunction
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation Enforcing arbitration clause turns on core vs. non-core distinction. Judge Name - Do not use it. Michael H. Simon Read more about Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing. Judge Name - Do not use it. Robert E. Gerber Read more about Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate Foreclosing property not in the debtor's name sometimes can violate the automatic stay. Judge Name - Do not use it. Bruce A. Harwood Read more about Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate
New York’s ‘Loss Mitigation’ Program Survives One Lender Attack SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack. Judge Name - Do not use it. Vincent L. Bricetti Read more about New York’s ‘Loss Mitigation’ Program Survives One Lender Attack
Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition. Judge Name - Do not use it. Johnnie B. Rawlinson Read more about Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation
11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation Employing nonattorneys is a false economy for debt collectors. Read more about 11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation