Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)
Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz
Appellate court cannot draw inferences not made in the trial court, circuit says.
Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.