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Automatic Stay

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

6th Circuit
Michigan
Michigan Eastern District

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.

3rd Circuit
Delaware

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit
Florida
Florida Middle District

Arbitration Clause Nixes Class Suit for an Automatic Stay Violation

Enforcing arbitration clause turns on core vs. non-core distinction.

9th Circuit
Oregon

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.

2nd Circuit
New York
New York Southern District

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.

1st Circuit
New Hampshire

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit
New York
New York Southern District

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.

9th Circuit

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit

Second Circuit Charts a New Course Favoring Debtors on the FDCPA

Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.

2nd Circuit
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