Consumer Bankruptcy | ABI

Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.

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Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.

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Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

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Wednesday, May 25, 2016

Article Tags

Court Administration

Consumer Bankruptcy

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Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

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Oklahoma Western District

Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13

Rule 3002(c) has the only permissible grounds for allowing a late claim.

Court :

Thursday, May 19, 2016

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Court Administration

Consumer Bankruptcy

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District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

Court :

New York Southern District

Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue

Showing violation of a federal statute might not itself entitle a consumer to sue.

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Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability

Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.

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