D.C. Circuit Has Strict Rules for Constitutional Standing in FDCPA Suits
An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.
District Judge Rejects the Majority’s ‘Gotcha’ Approach to Automatic Abandonment
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
Executory Contract Was Deemed Rejected Even Though Not Scheduled as Executory
For the Eleventh Circuit, scheduling the unsecured claim resulted in automatic rejection even though the contract was not scheduled as executory.
May a Bankruptcy Court Annul the Automatic Stay after Acevedo?
Bankruptcy Judge Grossman explores the extent to which the Supreme Court’s Acevedo decision bars courts from granting relief retroactively.
As an In Personam Claim, a Preference Can Be Barred by Discharge, Denver Judge Says
An IRA is not a legal entity separate from its owner, according to Bankruptcy Judge Elizabeth E. Brown of Denver
Justices Postpone Argument in Fulton until the Supreme Court’s Next Term
Supreme Court won’t decide until late this year or early 2021 whether the automatic stay requires creditors to turn over repossessed property without a turnover action.
Courts Must Rule on ‘Comfort Orders’ When Requested, BAP Says
ABI Consumer Commission recommended that ‘comfort orders’ be obtained through motion practice, not adversary proceedings.
Lack of Familiarity with PACER Is No Excuse for a Late Filing
Filing with PACER should be left to the experts, by which we mean paralegals.