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Practice and Procedure

Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.

11th Circuit

Debt Recharacterization: Does State or Federal Law Apply?

June 2021

Bankruptcy Code
11 U.S.C. § 105
502
Topic Tags
Claims
Practice and Procedure

Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses

Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.

10th Circuit
Utah

Faulty Pleading Resulted in Dismissal of a Suit by an ‘Unknown’ Creditor

Third Circuit dicta suggests that failure to create a trust is constitutionally deficient and won’t discharge claims of ‘unknown’ creditors in a chapter 11 plan.

3rd Circuit

New York Judge Declines (for Now) to Enforce an Indonesian Plan in the U.S.

Manhattan’s Bankruptcy Judge Sean Lane requires a record in the foreign proceeding showing that third-party releases are in accord with foreign law.

2nd Circuit
New York
New York Southern District

Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies

A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.

10th Circuit
Colorado

Discharge May Be Enforced in Another District, Brooklyn Judge Says

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

2nd Circuit
New York
New York Eastern District

Musings on Legal Writing (and Four Suggestions for Presenting Persuasive Briefs to the Court)

June 2021

Topic Tags
Bankruptcy Litigation
Court Administration
Practice and Procedure

A District Court Rules that the U.S. Trustee Fee Increase Isn’t Retroactive

California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.

9th Circuit
California
California Central District

No Disqualification When Lawyers at Adversary Firms Were Dating

Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.

3rd Circuit
Delaware
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