Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).
First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition
Minor dispute as to amount bars using a claim for filing an involuntary petition.
District Judge Puts Limits on Policy Statement in Segal v. Rochelle
Continuing FLSA claims arising after filing are not subject to judicial estoppel.
Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund
Automatic stay bars collecting a debt by offsetting a tax refund.
Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection
BAP makes life easier on trustee in objecting to exemptions.
Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt
Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.
Florida District Court Again Overrides the FDCPA on Time-Barred Claims
Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.
Discrimination in Favor of Student Loans Makes Plan Fatally Defective
Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.