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ABI Journal

William R. Sawyer

Student Loans Were Discharged Only with Assistance from Pro Bono Counsel

A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.

11th Circuit
Alabama
Alabama Middle District

Pawn Loans May Be Modified in Chapter 13 if There Wasn’t a Default Before Filing

Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.

11th Circuit

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

11th Circuit
Alabama
Alabama Middle District

Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers

For serial filers, automatic stay held to terminate only on the debtor’s property.

11th Circuit
Alabama
Alabama Middle District

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

11th Circuit
Alabama
Alabama Middle District

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.

11th Circuit
Alabama
Alabama Middle District
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