Practice and Procedure | ABI

New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims

Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.

Court :

New York Southern District

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

Court :

Alabama Middle District

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

Court :

Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing

Extent of injury required for Article III standing remains an open question.

Court :

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

Court :

Michigan Eastern District

Tuesday, September 13, 2016

Article Tags

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

Court :

Alabama Northern District

Monday, September 12, 2016

Article Tags

Bankruptcy Litigation

Corporate Governance

Court Administration

Creditors' Committee

Practice and Procedure

Business Reorganization

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Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights

Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.

Court :

Pennsylvania Eastern District

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

Court :

Florida Southern District

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