Civil Contempt of Bankruptcy Court Discharge Injunction

Updated: Mar 7, 2022
Should a Chapter 7 consumer debtor be permitted to prosecute a new lawsuit in the United States District Court alleging that a creditor should be held in contept for attempting to collect a debt discharged in bankruptcy, instead of pursuing the remedy in the debtor's earlier filed bankrup...

$596,000 Judgment for Widower Defrauded by Chapter 7 Debtor

Published: May 20, 2021
On May 18, 2021, partner Glenn Reiser secured a $596,000 judgment on behalf of a widower who was swindled by a Chapter 7 debtor into lending his business hundreds of thousands of dollars as part of a Ponzi scheme. United States Bankruptcy Judge Christine Gravelle declared the debt non-di...

Supreme Court Allows Sports Betting in New Jersey

Updated: May 14, 2018
In a landmark decision issued on May 14, 2018, the United States Supreme Court declared unconstitutional a federal law that provided a monopoly to Nevada in the sports betting industry, paving the way for New Jersey to proceed forward with legislation to permit legalized sports betting in...

Third Circuit Says Delaware Law Permits Action Against New Jersey Debt Collector

Updated: Jan 6, 2018
In this potential class action lawsuit, a consumer (Panico) residing outside of the State of Delaware signed a contract with MBNA Bank of America ("MBNA") that contained a choice-of-law provision specifying application of Delaware state law to their debtor-creditor relationship. Delaware ...

A Single Unsolicited Robo Call is Actionable Under the Telephone Consumer Protection Act

Updated: Jul 12, 2017
It is rather common these days to be bombarded by multiple unsolicited robo calls made to a cell phone. Sometimes though, enough is enough. In a victory for consumers, the Third Circuit Court of Appeals recently reversed a District Judge's decision to dismiss a Complaint filed by an indiv...

Sometimes a Tax Return is not a Tax Return When Attempting to Discharge Tax Debts in Bankruptcy

Updated: Jun 3, 2017
Can an income tax return filed after the IRS has assessed the taxpayer's liability be discharged in bankruptcy? One of the hallmarks of the United States Bankruptcy Code is to afford individuals with a "fresh start" by granting a discharge of pre-bankruptcy debts. However, not all pre-b...

Filing Stale Bankruptcy Claim Not Violation of Collection Law, Says U.S. Supreme Court

Published: May 16, 2017
In a perplexing decision, a divided U.S. Supreme Court ruling endorses the practice of debt collectors who file proofs of claim in bankruptcy cases where the underlying debt is legally unenforceable due to expiration of the statute of limitations. Midland Funding, LLC v. Johnson, 581 U....

Rooker Feldman Doctrine Bars Relitigating State Court Judgment in Federal Court

Published: Apr 14, 2017
Often, a dissatisfied litigant who lost in state court will try his or her luck in federal court in an attempt to escape the adverse state court ruling. Federal courts have limited subject matter jurisdiction, however, and will not serve as the appellate court to challenge issues previou...

14-Year Old Defamation Suit Dismissed

Updated: Feb 27, 2017
In a lawsuit involving a battle between two alleged cult organizations, a federal district judge in New Jersey recently dismissed a 14-year old defamation claim arising out of allegations that described the plaintiff as a cult that brainwashed seminar participants. The article is repo...
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