Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Findings of fact determine whether bankruptcy court can enter a final order.
Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act
High court grants certiorari in a second bankruptcy case for the new term.
Court:
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases
Bankruptcy court can make a final order disallowing an unfiled claim under state law.
Reimbursed Expenses Included in Calculating Median Income for Plan Duration
Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.
Business Bankruptcy Filings Through First Three Quarters of 2016 Up 28 Percent; Total Filings Fall 6 Percent
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Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender
District judge prescribes local rule for bankruptcy courts.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Court:
Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal
Pro se debtors must be told explicitly of the right to request a hearing.