Child Support Cases Avoid Thorny Choice of Law Questions
Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.
Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation
First Circuit requires attempt to collect to prove a discharge injunction violation.
Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
Missing One Briefing Deadline Doesn’t Justify Dismissing an Appeal
Consistent, dilatory conduct required for dismissing an appeal, circuit says.
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
BAP Strictly Requires Signing a Pleading for a Rule 9011 Sanction
Advice without signing a pleading does not give rise to a Rule 9011 sanction, but Section 1927 is another story.