consumer Cases
January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
January 19, 2021
When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.
January 18, 2021
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
January 13, 2021
9th Circuit , Idaho ,
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
January 8, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
December 30, 2020
Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
December 16, 2020
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.
December 15, 2020
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.