New York Judge Rejects Ninth Circuit’s Ybarra Doctrine that Revives Discharged Claims
Ninth Circuit decision based on policy, not statutory language, is wrong, S.D.N.Y. judge says.
FDCPA’s One-Year Statute of Limitations Strictly Enforced
FDCPA suit must begin within one year of the filing of a time-barred claim.
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Court:
Fifth Circuit Arguably Softens Injury Requirement for Constitutional Standing
Extent of injury required for Article III standing remains an open question.
Court:
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Personal financial stake required before creditor can file discharge complaint.
Oil Bankruptcies Leave Lenders with “Catastrophic” Recovery Rate, According to Moody’s
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Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
Caesars Mediator Resigns in Casino Unit's Bankruptcy
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Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights
Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.