Second Circuit: Garfield v. Ocwen Loan Servicing, LLC

Bankruptcy/FDCPA

As the remedies of the FDCPA do not explicitly conflict with the discharge injunction from bankruptcy proceedings, the Bankruptcy act does not partially repeal the FDCPA with reference to post-discharge suits; the ordinary statutory remedies are available.

Piecemeal litigation fears do not justify the barring of claims under the FDCPA.


http://www.ca2.uscourts.gov/decisions/isysquery/2b020799-9c35-4029-be16-860e741e9114/2/doc/15-527_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/2b020799-9c35-4029-be16-860e741e9114/2/hilite/

Fifth Circuit: Southwest Securities, FSB v. Milo Segner, Jr.

Bankruptcy.

Costs incurred by the Trustee in maintaining the property prior to the abandonment of the interest by the secured creditor can be surcharged to the secured creditor absent evidence of direct benefit.

http://www.ca5.uscourts.gov/opinions/pub/14/14-41463-CV0.pdf

Second Circuit: In Re: Coudert Bros. LLP

Appellate procedure, choice of law.
Where a court of appeals instructs that a lower court should apply a specific law on remand and does not mention alternative bases for judgment, the lower court is necessarily foreclosed from deciding the case on an alternative basis that makes the choice of law not dispositive.

http://www.ca2.uscourts.gov/decisions/isysquery/9e364f88-21ef-41ef-9e67-557990941445/1/doc/14-3688_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/9e364f88-21ef-41ef-9e67-557990941445/1/hilite/