Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Caesars Wins Brief Reprieve from Lawsuit Against Non-Filed Parent
Chicago entrenches itself as a debtor-friendly venue for chapter 11 reorganizations.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
Court:
Unpaid Filing Fees Are Nondischargeable Debts in Detroit
Bankruptcy judges can be the government’s best collection agents.
No Claim Arises from Loss of a Make-Whole Premium, Delaware District Judge Holds
Delaware is now on par with New York in disallowing make-whole premiums.
Court:
FDCPA Held Applicable to Violations of Discharge Injunction
Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
Court:
Minimal Activities in Foreign Liquidation Are No Basis for Chapter 15 Recognition
Judge Gerber pens a treatise on consequences of bad-faith chapter 15 filing.
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate
Foreclosing property not in the debtor's name sometimes can violate the automatic stay.
Court: