Fifth Circuit Muses on the Split over Pleading Standards for Fraudulent Schemes
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm
Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.
Disclosing an Asset in the Wrong Place Won’t Invoke Judicial Estoppel, Circuit Says
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.
Ninth Circuit Uses a Technicality to Keep a ‘Marijuana’ Case Alive
If a ‘marijuana’ case dodges a motion to dismiss, objecting to confirmation is too late, the Ninth Circuit says.
Equity Can’t Alter the Three Petitioning Creditors Requirement, First Circuit Rules
Even if a debtor has committed fraud, at least three creditors still must join an involuntary petition if the debtor has 12 or more creditors.