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.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Trustee Not Obligated to Obtain Best Price at Auction, Delaware Judge Says
Immunity, fiduciary duty and damages discussed in the context of a low sale price.
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1
For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
Split Grows on Dischargeability of Tax Liability on Late-Filed Returns
Nashville judge holds that late-filed tax debt can sometimes be discharged.
District Judge May Have Split with Ninth Circuit BAP on Estate Property
Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.
Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.