Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim
Arizona debtors are stuck with the homestead claimed on the filing date.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Stern Objections Always Must Be Raised to Avoid Potential Malpractice
The lawyer who lost Wellness International may be facing malpractice liability.
Using Untrained Personnel Is No Defense Against Willful Stay Violation
Simple mistake mushrooms into $50,000 in punitive damages for stay violation.
Divorcing Couples Not Stuck with Exemptions Claimed at Filing
You need two homestead exemptions? Divorce is the answer.
Ability to Pay Debts Does Not Control on Section 707(a) Motions to Dismiss
Evading payment of a debt is a valid use of chapter 7, Florida judge rules.
Even Without Implied Repeal, Filing a Stale Claim Does Not Violate the FDCPA
Louisiana bankruptcy judge splits with Eleventh Circuit’s Crawford decision.