September 13, 2021

Pawn Loans May Be Modified in Chapter 13 if There Wasn’t a Default Before Filing

Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.

11th Circuit

September 08, 2021

Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split

The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.

7th Circuit, Wisconsin, Wisconsin Eastern District

September 03, 2021

Another Circuit Holds that Dismissal Is Mandatory Under Section 1307(b)

The Ninth Circuit leaves the door open for a bankruptcy court to sanction a misbehaving chapter 13 debtor before granting the debtor’s motion for voluntary dismissal.

9th Circuit

August 30, 2021

Courts Have Made the FDCPA a ‘Dead Letter,’ Chicago District Judge Says

The opinion tells plaintiffs what actions to take before filing suit to ensure constitutional standing to pursue a claim under the FDCPA.

7th Circuit, Illinois, Illinois Northern District

August 27, 2021

Claims Not Scheduled Before the Bar Date Aren’t Always Excepted from Discharge

Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.

11th Circuit, Florida, Florida Middle District

August 24, 2021

Who Gets Insurance Proceeds When a Car Is ‘Totaled’ in Chapter 13?

Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.

11th Circuit, Alabama, Alabama Southern District

August 23, 2021

Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion

A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.

6th Circuit

August 19, 2021

First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money

Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.

1st Circuit

August 18, 2021

Debtors Can’t Easily Glom Uncashed Distribution Checks

Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.

9th Circuit, California, California Eastern District

August 17, 2021

Congress Must Decide: May Chapter 13 Debtors Contribute to 401(k) Plans?

Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.

6th Circuit