consumer Cases
June 17, 2019
9th Circuit , Montana ,
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
June 14, 2019
First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.
June 10, 2019
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
June 7, 2019
BAP says the Tenth Circuit adopts legal fictions to create preferences.
June 3, 2019
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
May 29, 2019
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
May 23, 2019
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
May 22, 2019
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
May 21, 2019
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
May 20, 2019
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.