Rochelle's Daily Wire

ABI Exclusive

March 18, 2016

Willfulness is not required by the FDCPA when pleading an automatic stay violation.
No debt, and thus no preference, arises until after the midnight deadline.

March 17, 2016

Abuse of discretion automatically results if a judgment harms a defrauded creditor.
The right paper trail helps avoid liability for profiting from a Ponzi scheme.

March 16, 2016

Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
Ability to pay is one factor in imposing sanctions for misconduct.

March 15, 2016

No need for venue-shopping between Delaware and New York for undersecured creditors.
Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.

March 14, 2016

Same facts on informal proofs of claim yield different results in different circuits.
Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.