Skip to main content
ABI Journal

Consumer Bankruptcy

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.

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7

Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.

Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead

Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.

Fifth Circuit Finds an Exception to General Rule on Appellate Standing

Debtors facing discharge denial have standing to appeal claim allowances.

Thursday, March 10, 2016
Please note that in order to view the content for the Bankruptcy Headlines please log in if you are already an ABI member, or otherwise you may Become an ABI Member

Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time

Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.

Courts Split on Stripping Down Residential Mortgages in Chapter 11

Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).

Arbitration Agreement Cannot Include Waiver of Dischargeability

On dischargeability, post-filing waivers work, but pre-filing ones don’t.