Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
No Automatic Right to Appeal Bankruptcy Court Preliminary Injunctions
In one respect, bankruptcy judges have more authority than district judges.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans
Consumer debtors bat 500 last week in significant cases.
Support Obligations for Grandchildren Are Ordinarily Dischargeable
Deficient drafting results in dismissal of dischargeability complaint.
Homestead Owned by a Trust Can Be an Exempt Homestead in Illinois
Trust must be carefully drafted in Illinois to retain the entireties exemption.