Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal
Pro se debtors must be told explicitly of the right to request a hearing.
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
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Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Superpriority claim only ensures recovery of filing day interest and principal.
Exhausting Administrative Remedies Is No Prerequisite to Bankruptcy Jurisdiction
Exhaustion of state and federal administrative remedies are not the same, judge says.
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
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Romance Can Lead to Marriage, but Not to a Nondischargeable Debt
Infatuation negates reliance in alleged fraud between lovers.
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Fourth Circuit Fixes One Issue of Tax Lien Subordination under BAPCPA
Fourth Circuit cleans up one mess Congress made with BAPCPA.
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Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges
Debtors once again stuck paying post-filing condo charges on abandoned home.
Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund
Automatic stay bars collecting a debt by offsetting a tax refund.