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Channel: David E. Frank and Thomas E. Egan – Massachusetts Lawyers Weekly
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Chapter 7 petition stands in spite of undisclosed asset

A recent 1st U.S. Circuit Court of Appeals ruling resolves a split among lower court judges about how debtors can use the automatic dismissal provision of the Bankruptcy Abuse Prevention and Consumer...

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FDCPA can be used to enforce restitution orders

Prosecutors can use the Federal Debt Collection Procedure Act — including its garnishment procedure — to enforce an order of restitution to a private-party victim of a crime, the 1st U.S. Circuit Court...

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Benefit denial not warranted by video

A plan administrator could not terminate an employee’s long-term disability benefits despite covert surveillance video showing the employee driving, walking, jogging, bending over, flying a kite and...

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Recovering addict can get LTD benefits

An insurance company must pay long-term disability benefits to a drug-addicted doctor for periods during which she was drug-free but at risk for a relapse, the 1st U.S. Circuit Court of Appeals has...

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Judge Stearns ordered off Bulger case

In what can only be described as a legal stunner, the 1st U.S. Circuit Court of Appeals has made the highly unusual decision to order U.S. District Court Richard G. Stearns off the James “Whitey”...

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Fee reduction reversed in golf case

The 1st U.S. Circuit Court of Appeals has reversed a federal judge’s decision to award only $30,000 in counsel fees to Elaine Joyce, who prevailed in a suit over her exclusion from a “men’s” golf...

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Chapter 7 petition stands in spite of undisclosed asset

A recent 1st U.S. Circuit Court of Appeals ruling resolves a split among lower court judges about how debtors can use the automatic dismissal provision of the Bankruptcy Abuse Prevention and Consumer...

View Article

FDCPA can be used to enforce restitution orders

Prosecutors can use the Federal Debt Collection Procedure Act — including its garnishment procedure — to enforce an order of restitution to a private-party victim of a crime, the 1st U.S. Circuit Court...

View Article


Benefit denial not warranted by video

A plan administrator could not terminate an employee’s long-term disability benefits despite covert surveillance video showing the employee driving, walking, jogging, bending over, flying a kite and...

View Article


Recovering addict can get LTD benefits

An insurance company must pay long-term disability benefits to a drug-addicted doctor for periods during which she was drug-free but at risk for a relapse, the 1st U.S. Circuit Court of Appeals has...

View Article

Judge Stearns ordered off Bulger case

In what can only be described as a legal stunner, the 1st U.S. Circuit Court of Appeals has made the highly unusual decision to order U.S. District Court Richard G. Stearns off the James “Whitey”...

View Article

Fee reduction reversed in golf case

The 1st U.S. Circuit Court of Appeals has reversed a federal judge’s decision to award only $30,000 in counsel fees to Elaine Joyce, who prevailed in a suit over her exclusion from a “men’s” golf...

View Article
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