Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.
Ruling the other way would have barred chapter 13 filings after renewing title loans.
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
ICRPs are always a factor in discharging student loans.
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.
FDCPA suit must begin within one year of the filing of a time-barred claim.
For serial filers, automatic stay held to terminate only on the debtor’s property.
