Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
Judge Name - Do not use it.
Kenneth F. Ripple
%1
Judge Cancels Loan Debt for Illinois Man Who Upgraded Cars for Uber
A federal judge has determined that an Illinois insurance salesman who became an Uber driver to avoid bankruptcy can get out of repaying a nearly $10,000 auto loan debt after his plan failed, the Wall Street Journal Bankruptcy Beat blog reported yesterday. Bankruptcy Judge Jacqueline Cox agreed to erase the $9,786.61 debt that Oswaldo Rodriguez owes to auto lender GM Financial for the new Chevrolet SUV he bought in October 2014 — an upgrade from a smaller 2008 Lexus. The vehicle, which cost nearly $40,000, was repossessed in the aftermath. “He genuinely thought that he could earn enough money through Uber to finance the debt,” Judge Cox said in a six-page opinion filed earlier this month in U.S. Bankruptcy Court in Chicago.
Bankruptcy Court Stays Out of the Repo Business
The repo man will face no competition from the bankruptcy court.
Judge Name - Do not use it.
Sarah A. Hall
FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.
Judge Name - Do not use it.
William R. Sawyer
Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
Judge Name - Do not use it.
David F. Hamilton
An Inherited Home Can Be Covered by the Homestead Exemption
Exemptions are not always fixed on the date of filing.
Judge Name - Do not use it.
Robert J. Kressel
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Judge Name - Do not use it.
J. Phil Gilbert
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Judge Name - Do not use it.
Marco A. Hernandez