consumer Cases
June 3, 2019
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
May 29, 2019
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
May 23, 2019
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
May 22, 2019
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
May 21, 2019
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
May 20, 2019
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
May 16, 2019
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
May 15, 2019
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
May 13, 2019
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
May 10, 2019
Second Circuit won’t give a defendant a windfall if the debtor scheduled the lawsuit in the wrong place but told the trustee and the court.