Rochelle's Daily Wire

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consumer Cases

Fifth Circuit Finds an Exception to General Rule on Appellate Standing
March 11, 2016
5th Circuit ,
Debtors facing discharge denial have standing to appeal claim allowances.
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
March 9, 2016
5th Circuit , Texas , Texas Southern District ,
Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.
Arbitration Agreement Cannot Include Waiver of Dischargeability
March 4, 2016
7th Circuit , Wisconsin , Wisconsin Western District ,
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
March 4, 2016
3rd Circuit , Pennsylvania , Pennsylvania Eastern District ,
Creditor can sue when a chapter 13 trustee won’t or can’t.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
March 3, 2016
11th Circuit , Florida , Florida Southern District ,
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Student Loans Incurred for a New Profession Are Consumer Debts
March 3, 2016
9th Circuit , California , California Eastern District ,
Non-consumer debts must be related to an existing business or current job.
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
March 2, 2016
Supreme Court ,
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
March 1, 2016
9th Circuit , Oregon ,
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
Estate Planning Does Not Blow Away a Generous State Homestead Exemption
March 1, 2016
9th Circuit ,
Appellate panel rides to the rescue and saves a couple about to lose their home.
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
February 29, 2016
11th Circuit ,
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

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