Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Court:
Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract
Labor loses another appeal in the onslaught of energy bankruptcies.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
Courts Split on Standards Justifying Hardship Discharge
‘Catastrophic event’ not required for hardship discharge.
Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds
Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.
Court:
Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns
Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.
Court:
FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.
District Court Drubs Mine Workers by Allowing Sale of Coal Assets
Union needs a quickie appeal to the Eleventh Circuit to stop Walter Energy sale.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.