Practice and Procedure | ABI

On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds

Deadlines for direct appeal to the circuit are procedural, not jurisdictional.

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Solicitor General Supports the Debtor in Midland Funding on FDCPA Violation

Government says that filing a stale bankruptcy claim violates the FDCPA.

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Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt

Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.

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Texas Southern District

Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery

Work product and opinion privileges protect mediation statement from discovery.

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Missouri Western District

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

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Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

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Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

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Oklahoma Western District

New GM Assails the Second Circuit for Jeopardizing ‘Free and Clear’ Sales

GM’s ‘cert’ petition says the Second Circuit forgot about Section 363(m).

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Thursday, December 15, 2016

Article Tags

Practice and Procedure

Business Reorganization

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District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment

Social Security benefits were properly cut off to recover overpayment.

Court :

Illinois Northern District

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