January 12, 2016

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.

9th Circuit

January 11, 2016

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit

January 08, 2016

Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt

Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.

7th Circuit, Illinois, Illinois Northern District

Kansas Judge Endorses Fee-Only Chapter 13 Plans

Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.

10th Circuit, Kansas

January 07, 2016

Ninth Circuit BAP Splits with Three Circuits on Dischargeablity of Tax Debts

Gutsy Ninth Circuit BAP importunes the Supreme Court to rule on late-filed tax returns.

9th Circuit

Florida District Court Again Overrides the FDCPA on Time-Barred Claims

Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.

11th Circuit, Florida, Florida Middle District

Stripped-Off Mortgages Don’t Count Toward Chapter 13 Unsecured Debt Limits

Ninth Circuit BAP removes another potential barrier to using “chapter 20.”

9th Circuit

Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan

Equity powers enable a judge to put the screws to a chapter 13 debtor.

5th Circuit, Texas, Texas Western District

January 06, 2016

Second Circuit Charts a New Course Favoring Debtors on the FDCPA

Circuit split grows on the conflict between the Bankruptcy Code and the FDCPA.

2nd Circuit