Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
FDCPA Held Applicable to Violations of Discharge Injunction
Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate
Foreclosing property not in the debtor's name sometimes can violate the automatic stay.