January 09, 2018

Alabama District Judge Remains Antagonistic Toward Discharging Student Loans

ICRPs are always a factor in discharging student loans.

11th Circuit, Alabama, Alabama Middle District

February 27, 2017

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.

11th Circuit, Alabama, Alabama Middle District

February 10, 2017

Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired

Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.

11th Circuit, Alabama, Alabama Northern District

December 09, 2016

Judge Reverses Course and Allows Reclassification of Deficiency Claim

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

11th Circuit, Alabama, Alabama Northern District

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

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 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

June 27, 2016

Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements

Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.

11th Circuit, Alabama, Alabama Middle District

May 23, 2016

Union Pension Plan Lacks Standing to Appeal Rejection of Labor Contract

Labor loses another appeal in the onslaught of energy bankruptcies.

11th Circuit, Alabama, Alabama Northern District