The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.
Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.
District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.
Section 105(a) was utilized because Section 1301 is silent on sanctions.
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
Criminal forfeiture and bankruptcy protect different interests, district judge says.
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
Bankruptcy law definition of a ‘lien’ is broader than state law.
Clever strategy failed to limit a debtor’s personal liability.
Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.