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8th Circuit

Eighth Circuit Broadly Interprets the FDCPA to Protect Consumers

The Eighth Circuit bars clever litigation tactics designed to evade the FDCPA on suits to collect time-barred claims.

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

Arbitration Ordered Although Creditor Filed a Proof of Claim

District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.

Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay

Section 105(a) was utilized because Section 1301 is silent on sanctions.

Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.

An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code

Bankruptcy law definition of a ‘lien’ is broader than state law.

Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim

Clever strategy failed to limit a debtor’s personal liability.

BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning

Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.