Consumer Bankruptcy

Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds

ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.

The Slip-and-Fall Slip-Up

July 2017

Faculty Biographies (2017 Annual Spring Meeting)

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927

Lawyers can be nailed for misconduct under Section 1927, but not their clients.

Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA

Statutory interpretation dominates argument on the term’s second FDCPA case.

Attorneys’ Fees and Chapter Choice: Exploring “No Money Down” Chapter 13 Bankruptcy

June 2017

Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine

Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says

For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.