Consumer Bankruptcy

Chapter 13: How to Confirm Your Plan

Current Issues in Chapter 7 Individual Cases, or a Meander Through Chapter 7 Issues

Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA

Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.

Case Law Update: Parts I & II

Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim

Arizona debtors are stuck with the homestead claimed on the filing date.

Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees

$50,000 in punitive damages held excessive when actual damages were $1,500.

Stern Objections Always Must Be Raised to Avoid Potential Malpractice

The lawyer who lost Wellness International may be facing malpractice liability.

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

Divorcing Couples Not Stuck with Exemptions Claimed at Filing

You need two homestead exemptions? Divorce is the answer.