Displaying with Topic Consumer Bankruptcy

California judge differs with the Third Circuit regarding the presumption of collateral value flowing from a lender’s proof of secured claim.

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.

Judge Sontchi declines to rule that 28 U.S.C. § 157 is unconstitutional by denominating fraudulent transfer suits as ‘core’ proceedings.

Sanctions weren’t justified for attempting to collect a time-barred tax claim.

Sixth Circuit distinguishes between a trustee’s powers as a bona fide purchaser compared to a hypothetical judicial lienholder.

A creditor must attempt to stop a state court from violating the stay, the Sixth Circuit BAP holds.

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

Third Circuit lauds Bankruptcy Judge Agresti for ‘prescient thinking.’

Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.