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

January 08, 2016

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

January 07, 2016

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

January 07, 2016

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

January 07, 2016

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

January 05, 2016

Discrimination in Favor of Student Loans Makes Plan Fatally Defective

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.

10th Circuit, Kansas

December 16, 2015

Vacation in New Orleans Is Grounds for Removing a Trustee for Cause

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”

5th Circuit

December 16, 2015

Personal Guaranty Unimpaired by Company’s Chapter 11 Plan

Tenth Circuit bars crafty evasion of a personal guaranty.

10th Circuit