Consumer Bankruptcy

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.
Court: 

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.
Court: 

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.
Court: 

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.