April 11, 2016

Mortgages Command Priority over Legal Fees in a Chapter 13 Plan

Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.

6th Circuit, Michigan, Michigan Eastern District

April 05, 2016

Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7

Judge ducks ability to reconvert previously converted case to chapter 13.

10th Circuit, New Mexico

April 01, 2016

Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns

Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.

11th Circuit

March 31, 2016

Once Property Is Abandoned, Proceeds Belong to Debtor

Judge bends over backward so debtor can keep an $80,000 windfall.

6th Circuit, Ohio, Ohio Southern District

March 25, 2016

Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues

State courts should rule on state law issues, says circuit panel including Richard Posner.

7th Circuit

March 24, 2016

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

10th Circuit, Oklahoma, Oklahoma Western District

March 23, 2016

FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari

$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.

11th Circuit, Alabama, Alabama Middle District

March 22, 2016

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

7th Circuit

March 21, 2016

An Inherited Home Can Be Covered by the Homestead Exemption

Exemptions are not always fixed on the date of filing.

8th Circuit, Minnesota

March 18, 2016

Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint

Willfulness is not required by the FDCPA when pleading an automatic stay violation.

7th Circuit, Illinois, Illinois Southern District