Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases. Read more about Filing Bankruptcy After Renewing a Title Loan Again Found Not to Be Bad Faith
Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith Ruling the other way would have barred chapter 13 filings after renewing title loans. Read more about Renewing a Title Loan Just Before Chapter 13 Didn’t Make the Filing in Bad Faith
Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan. Read more about Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith
Student Loans Were Discharged Only with Assistance from Pro Bono Counsel A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans. Read more about Student Loans Were Discharged Only with Assistance from Pro Bono Counsel
Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car. Read more about Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction. Judge Name - Do not use it. Andrew L. Brasher Read more about A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
Alabama District Judge Remains Antagonistic Toward Discharging Student Loans ICRPs are always a factor in discharging student loans. Judge Name - Do not use it. W. Keith Watkins Read more about Alabama District Judge Remains Antagonistic Toward Discharging Student Loans
Bar Date Not Extended Three Days for Service by Mail As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable. Judge Name - Do not use it. William R. Sawyer Read more about Bar Date Not Extended Three Days for Service by Mail
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
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