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ABI Journal

Automatic Stay

Tuesday, December 27, 2016
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Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)

Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.

Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation

First Circuit requires attempt to collect to prove a discharge injunction violation.

Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings

There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.