May 04, 2017

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.

8th Circuit, Iowa, Iowa Northern District

May 02, 2017

Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation

One Georgia judge disagrees with another over a chapter 13 confirmation objection.

11th Circuit, Georgia, Georgia Northern District

April 28, 2017

Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says

Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.

3rd Circuit

April 26, 2017

In Dischargeability, No Disclosure Required if Not Requested

Sometimes, failure to disclose material facts is not misleading.

1st Circuit

April 21, 2017

Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds

ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.

11th Circuit

April 20, 2017

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

9th Circuit

April 19, 2017

Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA

Statutory interpretation dominates argument on the term’s second FDCPA case.

Supreme Court

April 17, 2017

Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine

Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.

10th Circuit

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

April 12, 2017

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

3rd Circuit