Case Updates Default Judgment for Fraud is Res Judicata in Bankruptcy Court In re John W. Catt, II (7th Cir. 2004) One might suppose that findings made in default proceedings would never be given collateral estoppel (issue preclusion) effect because they are not based on a /C-ifull and fair/C-i hearing/C-oa standard formulation of the criterion...Read More

Debt Collector Fined $1.5 Million David Goch Washington Legislative Counsel Commercial Law League of America In order to resolve claims of illegal conduct, per a consent judgement filed in the U.S. District Court for the Eastern District of Pennsylvania May 12th, a major debt collector will refrain from future violations of the Fair Credit Reporting...Read More

Debtor Convicted of Concealing Stock Options By Chery Sabol The Daily Inter Lake A Eureka, Montana man pleaded guilty to Federal crimes including making false statements to a local bank and failing to disclose his interest in stock options and other assets. Duncan W. Edwards, 59, entered his plea in Missoula on Monday. Chief U.S....Read More

Abuse of Privilege Claimed Against UST By Phil Kent The Washington Times – May 28, 2004 Congress created the U.S. Trustee Program as a pilot project in the 1978 Bankruptcy Reform Act to act as a “watchdog.” Yet, recently in Kentucky a case was brought on behalf of Debtors against the check-cashing industry in which...Read More

BANKRUPTCY FILINGS UP 2.8% The number of personal bankruptcies filed for the 12 month period ending March 31, rose 2.8%. This continues the upward trend that is arguably inconsistent with claims of the economic recovery. David Goch Washington Legislative Counsel Commercial Law League of AmericaRead More