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
Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired Voluntary five-year commitment period sticks the debtor with its burdens, judge holds. Judge Name - Do not use it. W. Keith Watkins Read more about Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired
Judge Reverses Course and Allows Reclassification of Deficiency Claim Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured. Judge Name - Do not use it. Clifton R. Jessup, Jr. Read more about Judge Reverses Course and Allows Reclassification of Deficiency Claim
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
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
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
Using Untrained Personnel Is No Defense Against Willful Stay Violation Simple mistake mushrooms into $50,000 in punitive damages for stay violation. Judge Name - Do not use it. William R. Sawyer Read more about Using Untrained Personnel Is No Defense Against Willful Stay Violation
Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric. Judge Name - Do not use it. Dwight H. Williams, Jr. Read more about Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements