consumer Cases
February 20, 2019
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
February 15, 2019
An appellate court will decide whether four years of jailing means that civil incarceration has become futile.
February 14, 2019
Per curiam opinion shows that chapter 13 plans aren’t required to be punitive.
February 11, 2019
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
February 8, 2019
The Seventh Circuit’s opinion interpreting the amendment to Rule 62 is nonprecedential and prompted a dissent, and it may apply only in some states.
February 8, 2019
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
February 7, 2019
Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
February 5, 2019
A judicial lien impairing an exemption is avoidable in some states under Section 522(f), but not in others.
January 18, 2019
If the Supreme Court decides that the FDCPA applies to nonjudicial foreclosure, a letter from a homeowner disputing the debt will automatically halt foreclosure activities.
January 15, 2019
If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.