January 7, 2020
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
January 3, 2020
A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
December 23, 2019
Third Circuit emphasizes the limitation of nonconsensual, third-party releases to ‘exceptional’ cases.
December 19, 2019
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
December 10, 2019
The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.
December 9, 2019
New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.
December 6, 2019
Despite atrocious mortgage servicing, the circuit court cut a jury’s $3 million award of punitive damages to $582,000.
December 5, 2019
At oral argument, the justices seemed to recognize that Rodriguez v. FDIC does not raise the question of whether the lower courts relied on federal common law in deciding the ownership of a tax refund.
November 20, 2019
The ‘fugitive disentitlement doctrine’ does not allow a federal court to dismiss an appeal because of a fugitive’s contempt of a state court order, the First Circuit rules.