Ninth Circuit Demands Amended Schedules to Avoid Judicial Estoppel
Dissenter argues that suing in bankruptcy court was sufficient disclosure to avoid judicial estoppel.
Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers
The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.
Second Circuit Upholds Denial of Arbitration in the Bankruptcy Context
Second Circuit holds a dress rehearsal for a major arbitration decision.
Arbitration Ordered Although Creditor Filed a Proof of Claim
District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.
Orders Reversing Confirmation Are Not Final and Not Appealable
Ninth Circuit ducks a chance to rule on ‘forced vesting.’
Spokeo Heading for an Encore in the Supreme Court
Another Spokeo opinion from the Supreme Court may trim back federal consumer protection laws.
Ninth Circuit Upholds Tough Civil Sanctions for Contempt of Turnover Order
Two years in jail and $1,000 in daily fines are ok as civil contempt sanctions.
Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.