Consumer Bankruptcy

Do You Want to Know a Secret? Do You Promise Not to Tell? Confidentiality of Personal Data Identifiers: Impact of Foreclosure Firm’s Bankruptcy or ABC; Mailing Lists; Proof of Claim Issues; Consequences of Disclosure

Special Challenges of Individual Chapter 11s: They’re Not Just Chapter 13’s Older Sibling! What Every Chapter 13 Debtor’s Lawyer Needs to Know

Preparing Corporate and Individual Clients for Bankruptcy: Who’s Your Client? Possible Claims Against the Person Who Hires You; Partnership and LLC Issues

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.

Bankruptcy Court Stays Out of the Repo Business

The repo man will face no competition from the bankruptcy court.

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.

Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness

Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.

An Inherited Home Can Be Covered by the Homestead Exemption

Exemptions are not always fixed on the date of filing.

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.