The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?
Although not required to file claims, secured creditors must comply with the deadline if they do.
Bankruptcy court can make a final order disallowing an unfiled claim under state law.
Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.