Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
Judge Chapman rejects former Judge Peck’s opinion invalidating flip clauses in swaps.
Six Year Delay in Serving a Complaint Is Ok, GM’s Bankruptcy Judge Rules
GM case will decide applicability of ‘safe harbor’ to interest payments on debt securities.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Georgia district judge confronts creditors who file claims based on stale debts.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns
Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
Majority in D.C. Circuit are flexible on judicial estoppel summary judgment motions.
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
Circuit court rules on grounds less favorable for the debtor than the district judge’s.