Ohio Northern District

Judge Kendig Implies that Failure to Run a Lien Search is Tantamount to Malpractice

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.

Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act

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.

Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says

Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.

Another Judge Clamps Down on Third-Party Releases in a Major Reorganization

Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.

FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy

A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.

Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans

Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

Improperly Taking $297.72 Results in $250,000 in Punitive Damages for Stay Violation

Creditor’s unrepentant attitude escalates punitive damages from $33,700 to $250,000.