Alabama District Judge Remains Antagonistic Toward Discharging Student Loans
ICRPs are always a factor in discharging student loans.
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.
Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired
Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.
Judge Reverses Course and Allows Reclassification of Deficiency Claim
Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.
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.
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.