Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
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
Georgia district judge confronts creditors who file claims based on stale debts.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns
Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.