Consumer Bankruptcy

Benchnotes February 2020

Feb 2020

Fifth Circuit Creates a Circuit Split on Stay Termination for Repeat Filers

Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.

Addiction Treatment: In Need of a New Prescription

Feb 2020

Supreme Court Might Allow FDCPA Suits More than a Year After Occurrence

The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.

Mortgage Servicer Blew the Statute of Limitations, Judge Grossman Says

New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.

Seventh Circuit Limits Punitive Damages to Total Compensatory Damages of $582,000

Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.

Law v. Segal Allowed a Fraudster to Retain $30,000

Eighth Circuit was compelled to overrule its own precedent that permitted the bankruptcy court to bar a debtor from amending schedules based on bad faith.

Faculty Biographies (2019 Winter Leadership Conference)