Malicious Prosecution Can Mean a Nondischargeable Debt in Chapter 13
Bankruptcy Judge Gunn from D.C. sides with the majority to hold that “personal injury” does not require physical injury but may include reputational harm.
A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.
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.
Courts Divided on Venue for Small-Dollar Avoidance Actions
Judges Pappas and Teel permit avoidance actions for small amounts to be prosecuted in the debtors’ bankruptcy courts.
New Bankruptcy Rule 3007(b) Alters Applicability of Res Judicata
When objecting to claims, new Rule 3007(b) means debtors are not required to assert counterclaims that would be adversary proceedings.
Circuits Split, Judge Teel Earmarks Collateral Surcharges for All ‘Admin’ Creditors
Law v. Siegel didn’t insulate professionals from disgorging interim fee awards.
An Allowance of Compensation Is Not a Money Judgment, Judge Teel Holds
Decision shows why fee awards are difficult to collect after dismissal.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.