Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
Statutory interpretation dominates argument on the term’s second FDCPA case.
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Res judicata does not apply to ‘deemed allowed’ claims.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
Ninth Circuit Holds that Bullard Overruled Bonner Mall Allowing Non-Final Appeals
Controlling legal issues no longer make an order appealable as of right in the Ninth Circuit.
Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.
Florida Judge Plunges into the Split on Enforcing Arbitration Agreements
Debtor must arbitrate a violation of the discharge injunction.