Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
July 19, 2016
2nd Circuit ,
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
July 18, 2016
11th Circuit , Georgia , Georgia Southern District ,
Georgia district judge confronts creditors who file claims based on stale debts.
Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules
July 18, 2016
1st Circuit , Massachusetts ,
‘Plain meaning’ permits discharge of some tax penalties.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
July 15, 2016
6th Circuit , Ohio , Ohio Northern District ,
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
July 14, 2016
D.C. Circuit ,
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
July 13, 2016
11th Circuit ,
Circuit court rules on grounds less favorable for the debtor than the district judge’s.
Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion
July 11, 2016
9th Circuit ,
Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.
Tenth Circuit Examines Three Versions of Appellate Mootness
July 8, 2016
10th Circuit ,
Good faith finding is required before dismissal of an appeal under Section 363(m).
Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
July 5, 2016
3rd Circuit , Pennsylvania , Pennsylvania Eastern District ,
Courts split on whether failure to redeem on time is fatal in a reorganization.
Cover Sheet Is No Substitute for Filing a Complaint
June 28, 2016
10th Circuit , Kansas ,
Kansas judge strictly enforces rules on filing dischargeability complaints.

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