Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Reading Stern Narrowly, Delaware Judge to Issue Final Order in Fraudulent Transfer Suit
Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.
Third Circuit Strips Debt Buyers of Defenses Under the FDCPA
Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.
Third Circuit Pronounces a Damages Formula for Fraudulent Entireties Transfers
Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’
New Jersey Judges Side with the Minority on Turnover of Repossessed Autos
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
FDCPA Applies to Debt Collectors Even if They Own the Debt
Thomas Ambro on the Third Circuit answers a question the Supreme Court left open in <em>Henson v. Santander</em>.
Punitive Damages under Section 303(i) Can’t Be Offset, Third Circuit Says
One involuntary petition dismissed in bankruptcy court has now spawned three important opinions at the circuit level.
Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.