October 27, 2023

Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.

11th Circuit, Alabama, Alabama Middle District

March 22, 2023

Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith

Ruling the other way would have barred chapter 13 filings after renewing title loans.

11th Circuit, Alabama, Alabama Middle District

August 30, 2022

Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith

Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.

11th Circuit, Alabama, Alabama Middle District

October 11, 2021

Student Loans Were Discharged Only with Assistance from Pro Bono Counsel

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

11th Circuit, Alabama, Alabama Middle District

April 13, 2021

Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles

Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.

11th Circuit, Alabama, Alabama Middle District

July 29, 2019

A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

11th Circuit, Alabama, Alabama Middle District

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

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

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