September 21, 2016

FDCPA’s One-Year Statute of Limitations Strictly Enforced

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

11th Circuit, Alabama, Alabama Middle District

September 13, 2016

Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction

Contempt and FDCPA claims can coexist in one suit in district court.

11th Circuit, Alabama, Alabama Northern District

September 07, 2016

Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender

Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.

11th Circuit, Georgia, Georgia Middle District

September 06, 2016

Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years

Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.

11th Circuit, Florida, Florida Southern District

August 30, 2016

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.

11th Circuit, Alabama, Alabama Middle District

August 16, 2016

Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment

Try garnishment, not contempt, to collect support from a chapter 13 debtor.

11th Circuit, Georgia, Georgia Southern District

August 15, 2016

Chapter 13 Confirmation Bars Garnishment to Pay Child Support

BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.

11th Circuit

August 08, 2016

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

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

11th Circuit, Alabama, Alabama Middle District

August 04, 2016

Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss

Evading payment of a debt is a valid use of chapter 7, Florida judge rules.

11th Circuit, Florida, Florida Middle District

July 25, 2016

Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay

Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.

11th Circuit