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Alabama Middle District

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

FDCPA’s One-Year Statute of Limitations Strictly Enforced

FDCPA suit must begin within one year of the filing of a time-barred claim.

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.

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.