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February 16, 2016

Defrauded Customers Make Introducing Broker Eligible for Liquidation under SIPA

SIPC steps in to help pay claims of defrauded customers of introducing broker.

2nd Circuit , New York , New York Southern District ,

Georgia Supreme Court to Decide on Exemption for Health Savings Account

The Eleventh Circuit punts on exempting HSAs under Georgia law.

11th Circuit ,

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit , Illinois , Illinois Northern District ,

District Judge Puts Limits on Policy Statement in Segal v. Rochelle

Continuing FLSA claims arising after filing are not subject to judicial estoppel.

11th Circuit , Florida , Florida Southern District ,

February 12, 2016

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

11th Circuit , Florida , Florida Middle District ,

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit ,

February 10, 2016

Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions

Milwaukee judge pens a debtor-friendly opinion on judicial liens.

7th Circuit , Wisconsin , Wisconsin Eastern District ,

February 9, 2016

Rare Bible Worth $10,000 Is an Exempt Asset, Seventh Circuit Holds

Seventh Circuit won’t impose limits on exemption for religious articles.

7th Circuit ,

United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds

Restriction on post-confirmation suits is further limited in the Fifth Circuit.

5th Circuit , Texas , Texas Southern District ,

February 8, 2016

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit , Florida , Florida Middle District ,