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ABI Journal

Consumer Bankruptcy

Mortgage Servicer Saddled with $375,000 in Sanctions for Violating Rule 3002.1

For a repeat offender, less than $1,000 in improper charges resulted in large sanctions.

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

Split Grows on Dischargeability of Tax Liability on Late-Filed Returns

Nashville judge holds that late-filed tax debt can sometimes be discharged.

Regularly Conducted Tax Sales Cannot Be Fraudulent Transfer, Ninth Circuit Holds

Ninth Circuit joins two other circuits in extending BFP from foreclosures to tax sales.

Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns

Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.

District Judge May Have Split with Ninth Circuit BAP on Estate Property

Subprime loan and mortgage abuses generate interesting question worthy of a law school final exam.

Wednesday, September 7, 2016
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Punitive Damage Claim from Involuntary Dismissal Brings Jury Trial Rights

Section 303(i)(2) claim, similar to malicious prosecution, invokes Seventh Amendment jury trial rights.