consumer Cases
February 11, 2020
Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.
February 7, 2020
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.
February 6, 2020
Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.
February 5, 2020
First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.
February 3, 2020
Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.
January 28, 2020
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.
January 27, 2020
Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.
January 24, 2020
Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.
January 21, 2020
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
January 17, 2020
A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.