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Rochelle's Daily Wire

January 15, 2019

If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.

December 13, 2018

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.

November 7, 2018

Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.
Rooker-Feldman applies only if the state proceedings have ended before the federal suit is filed, Eleventh Circuit says.

October 22, 2018

Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.

October 15, 2018

Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.

October 3, 2018

A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.
A claim must be disallowed on the validity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit BAP holds.