consumer Cases
February 11, 2022
9th Circuit , Hawaii ,
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.
February 10, 2022
Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’
February 4, 2022
The Eleventh Circuit has subjected its trustees to the risk of expensive litigation in a faraway court unfamiliar with what happened in the bankruptcy case.
February 3, 2022
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
February 2, 2022
A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
February 1, 2022
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
January 31, 2022
3rd Circuit , Delaware ,
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
January 28, 2022
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
January 27, 2022
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
January 25, 2022
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?