Consumer Bankruptcy | ABI

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

Court :

Is Dewsnup Unravelling Due to Lien-Stripping Cases under § 1322(b)(2)?

Bankruptcy Code

11 U.S.C. § 506

Topic Tags

Consumer Bankruptcy

Ensuring Enforcement of the Eleventh-Hour Mediation Deal

Topic Tags

Alternative Dispute Resolution

Bankruptcy Litigation

Court Administration

Creditors' Committee

Executory Contracts/Leases

Fraudulent Transfers

Practice and Procedure

Consumer Bankruptcy

Discharge/Dischargeability

Family/Divorce Issues

Agriculture/PACA

Bankruptcy Taxation

Business Reorganization

Chapter 12/Farm Cases

Commercial Fraud

Finance and Banking

Govt. Claims/Sovereign Immunity

Hospitality, Entertainment Venues and Gaming

International Insolvency

Investment Banking

Labor/Employment

Lender Liability

Municipal Bankruptcy

Public Companies and Claims Trading

Turnaround Issues

Uniform Commercial Code/Article 9

Unsecured Trade Creditors

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

Court :

The Federal Student Loan Bubble: Looking Beyond Bankruptcy to Stay Afloat

Bankruptcy Code

Topic Tags

Consumer Bankruptcy

Discharge/Dischargeability

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

Court :

Oklahoma Western District

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

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

Court :

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.

Court :

Illinois Northern District

Benchnotes February 2017

Bankruptcy Code

11 U.S.C. § 365

Topic Tags

Bankruptcy Litigation

Creditors' Committee

Executory Contracts/Leases

Plan Confirmation

Practice and Procedure

Consumer Bankruptcy

Business Reorganization

Unsecured Trade Creditors

Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds

Fee issues are collateral, not affecting a final ruling on the merits.

Court :

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