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ABI Journal

Practice and Procedure

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.

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.

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

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

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

Seventh Circuit Opines on Bullard and the Concept of ‘Finality’

Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.