Sixth Circuit Erects Barriers to FDCPA Suits by Consumers in a 2/1 Opinion
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
Debtors Can’t Easily Glom Uncashed Distribution Checks
Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.
In ‘Chapter 20,’ Discharged Mortgage Claim Resurrects as Unsecured, EDNY Judge Says
Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).