Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
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Bankruptcy Code
First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
A Trustee Can’t Always Avoid and Preserve an Unrecorded Mortgage for the Estate
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.
‘Real Housewives’ Star Can’t Oust Tweeting Lawyer From Law Firm Bankruptcy Probe
A bankruptcy judge has blocked “The Real Housewives of Beverly Hills” cast member Erika Girardi from ousting a lawyer investigating her dealings with her estranged husband’s bankrupt law firm, ruling that allegedly inflammatory social media posts don’t warrant disqualification, WSJ Pro Bankruptcy reported. Girardi had requested a court ruling to disqualify Ronald Richards, a special litigation counsel in the bankruptcy case of Thomas Girardi’s now-defunct law firm Girardi Keese, for “false and inflammatory social media posts and public statements” he made on YouTube and Twitter. Judge Barry Russell of the U.S. Bankruptcy Court in Los Angeles said on Wednesday the disqualification request “appears to be nothing more than a blatant attempt by Girardi to impede Richards’ efforts ... to investigate allegedly fraudulent transfers.” Richards, on behalf of the law firm’s bankruptcy trustee, alleged in a July complaint in bankruptcy court that Girardi Keese was owed more than $25 million by companies controlled by Girardi, and is seeking to recover the money for the law firm’s creditors.
NC Appellate Court Rules Plans Must Be Unambiguous to Hold a Creditor in Civil Contempt, Citing Taggart
After Taggart v. Lorenzen, plans, orders and injunctions must be highly specific to hold an offending creditor in contempt.
Eighth Circuit Comes Near to Abolishing Equitable Mootness
Circuit Judge Loken predicts the Supreme Court will abolish equitable mootness if the lower courts don’t cut back and start reviewing the merits of confirmed chapter 11 plans.