Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing Passage of time converts a final order into an interlocutory order. Judge Name - Do not use it. Robin L. Rosenberg Read more about Two-Year Delay in Confirmation Requires Holding Another Valuation Hearing
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball A house that wasn’t a homestead on the filing date held eligible for the exemption. Judge Name - Do not use it. Michael G. Williamson Read more about Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
FDCPA’s One-Year Statute of Limitations Strictly Enforced FDCPA suit must begin within one year of the filing of a time-barred claim. Judge Name - Do not use it. Jane S. Restani Read more about FDCPA’s One-Year Statute of Limitations Strictly Enforced
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction Contempt and FDCPA claims can coexist in one suit in district court. Judge Name - Do not use it. John H. England, III Read more about Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments. Judge Name - Do not use it. Austin E. Carter Read more about Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions. Judge Name - Do not use it. Robert A. Mark Read more about Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers For serial filers, automatic stay held to terminate only on the debtor’s property. Judge Name - Do not use it. William R. Sawyer Read more about Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment Try garnishment, not contempt, to collect support from a chapter 13 debtor. Judge Name - Do not use it. John S. Dalis Read more about Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Chapter 13 Confirmation Bars Garnishment to Pay Child Support BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds. Judge Name - Do not use it. Eugene E. Siler, Jr. Read more about Chapter 13 Confirmation Bars Garnishment to Pay Child Support
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees $50,000 in punitive damages held excessive when actual damages were $1,500. Judge Name - Do not use it. Jane S. Restani Read more about Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees