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ABI Journal

Consumer Debt

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

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Wednesday, March 21, 2018
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Wednesday, March 21, 2018
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Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

Monday, March 12, 2018
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Monday, March 12, 2018
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Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

Friday, March 2, 2018
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