Anonymous Messages Calling the Debtor a Philanderer Isn’t a Stay Violation
Harassing a former lover isn’t an automatic stay violation.
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
Court:
Hotel Isn’t ‘Single Asset Real Estate’ and Is Eligible for Subchapter V Reorganization
Apartment buildings are single asset real estate, but hotels aren’t, says Orlando’s Bankruptcy Judge Karen Jennemann.
Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
Court:
Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption
Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.
Individual Chapter 11 Debtors Have Standing to Raise Thirteenth Amendment Claims
The Eleventh Circuit was ‘skeptical’ about a violation of the anti-slavery amendment resulting from the appointment of a chapter 11 trustee to oust an individual chapter 11 debtor in possession.
Court:
Circuits Split on Applying Derivative Jurisdiction to a Lack of Personal Jurisdiction
In a removed action, nationwide service under Bankruptcy Rule 7004 can give a district court personal jurisdiction, even though the state court would lack personal jurisdiction.
Court:
Rule 54(b) Can’t Be Used to Certify an Interlocutory Appeal to the Circuit
Federal Rule 54(b) is not an alternative to 28 U.S.C. § 158(a)(3) and Bankruptcy Rule 8004 for certifying an interlocutory appeal.
Court:
Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.