Qui Tam Suits Are Exceptions from the Automatic Stay
Automatic stay is no safe harbor from suits under the False Claims Act.
Final Order of Dismissal Makes Other Appeals Constitutionally Moot
Ninth Circuit adopts Eighth Circuit test for constitutional mootness.
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Supreme Court Inadvertently Makes Life Difficult for Secured Creditors
Bullard gives bankruptcy judge more ammunition to stymie secured creditors.
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Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
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Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.
Fifth Circuit Ducks an Undecided Issue on Automatic Stay Violation
Dissenter would have used a $1 case to rule on an issue of first impression.
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Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent
Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
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