Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Ninth Circuit B.A.P. Classifies a Loan for Living Expenses as a Business Debt
July 27, 2016
9th Circuit ,
Personal loan with a profit objective becomes a business debt.
Dallas Judge Snubs Sam Wyly’s Attempt to Shelter His Home and Annuities
July 21, 2016
5th Circuit ,
Sometimes, an annuity is not an annuity, regardless of what the documents say.
Two New York Judges Disagree on Anti-Ipso Facto Law and Lehman Flip Clauses
July 20, 2016
2nd Circuit ,
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
July 19, 2016
2nd Circuit ,
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
July 18, 2016
11th Circuit , Georgia , Georgia Southern District ,
Georgia district judge confronts creditors who file claims based on stale debts.
Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules
July 18, 2016
1st Circuit , Massachusetts ,
‘Plain meaning’ permits discharge of some tax penalties.
Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation
July 15, 2016
6th Circuit , Ohio , Ohio Northern District ,
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.
Standards Governing Judicial Estoppel Appeals Are Debated in the D.C. Circuit
July 14, 2016
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
July 13, 2016
11th Circuit ,
Circuit court rules on grounds less favorable for the debtor than the district judge’s.
Chapter 7 Debtors’ Access to Counsel Threatened by B.A.P. Opinion
July 11, 2016
9th Circuit ,
Ninth Circuit B.A.P. highlights discrimination against chapter 7 debtors.

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