January 20, 2016

Lenders Win Again, Beating Back Forced Vesting of Title through Chapter 13

Massachusetts judges disagree on ‘forced vesting’ in chapter 13 plan.

1st Circuit, Massachusetts

January 20, 2016

Involuntary Dismissed to Prevent Using Court Like a ‘Rented Battlefield’

Manhattan judge won’t allow using the court like a collection agency in two-party dispute.

2nd Circuit, New York, New York Southern District

January 14, 2016

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit, New York, New York Southern District

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

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 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

Personal Guaranty Unimpaired by Company’s Chapter 11 Plan

Tenth Circuit bars crafty evasion of a personal guaranty.

10th Circuit