Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
April 20, 2017
9th Circuit ,
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
Consumers Have an Uphill Fight to Avoid a Second Supreme Court Defeat on the FDCPA
April 19, 2017
Supreme Court ,
Statutory interpretation dominates argument on the term’s second FDCPA case.
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
April 17, 2017
10th Circuit ,
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
April 13, 2017
11th Circuit , Georgia , Georgia Northern District ,
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
April 12, 2017
3rd Circuit ,
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
For Chapter 13 Eligibility, Lease Claims Aren’t Capped
April 11, 2017
5th Circuit , Texas , Texas Southern District ,
Large judgment for future rent made debtors ineligible for chapter 13.
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
April 10, 2017
8th Circuit , Missouri , Missouri Western District ,
Bankruptcy law definition of a ‘lien’ is broader than state law.
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
April 7, 2017
9th Circuit ,
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
Fee Application After Completion of Plan Payments Comes Too Late
April 4, 2017
6th Circuit , Michigan , Michigan Western District ,
Fees awarded after discharge are wiped out like everything else.
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
April 3, 2017
1st Circuit , Massachusetts ,
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.

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