Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Court:
Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing
Passage of time converts a final order into an interlocutory order.
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
FDCPA’s One-Year Statute of Limitations Strictly Enforced
FDCPA suit must begin within one year of the filing of a time-barred claim.
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.
Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.