Ninth Circuit Puts Limits on the Supreme Court’s Preclusion of Equitable Remedies
Law v. Siegel didn’t bar bankruptcy courts from invoking doctrines of claim and issue preclusion, the Ninth Circuit says.
Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.