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Consumer Bankruptcy

Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)

Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.

3rd Circuit

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

11th Circuit
Alabama
Alabama Middle District

Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien

Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.

2nd Circuit
Connecticut

Ownership or Lease Not Required to Claim Auto Expense Deduction

Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.

9th Circuit

Circuit Split Deepens on Stale Claims as Violations of the FDCPA

Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.

4th Circuit
Friday, August 26, 2016
Article Tags
Consumer Bankruptcy
Consumer Debt
Mortgage
Finance and Banking
Mass Torts
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Friday, August 26, 2016
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Consumer Bankruptcy
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Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors

Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.

9th Circuit
Thursday, August 25, 2016
Article Tags
Claims
Bankruptcy Litigation
Court Administration
Creditors' Committee
Valuation
Consumer Bankruptcy
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Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors

Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.

10th Circuit
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