Alabama Middle District
ICRPs are always a factor in discharging student loans.
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.
FDCPA suit must begin within one year of the filing of a time-barred claim.
For serial filers, automatic stay held to terminate only on the debtor’s property.
$50,000 in punitive damages held excessive when actual damages were $1,500.
Simple mistake mushrooms into $50,000 in punitive damages for stay violation.
Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.