District Courts Lack Jurisdiction to Enforce Discharge Injunctions
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Bankruptcy Judge Reads Husky Narrowly on Dischargeability for Fraud
For nondischargeability under Section 523(a)(2)(A), a fraudulent transfer must give rise to the debt, not occur beforehand.
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.
Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds
Debtors may face sanctions for continuing to occupy property they intend to surrender.
Validity of Inherited Homestead Exemption Decided by Allusion to Baseball
A house that wasn’t a homestead on the filing date held eligible for the exemption.
FDCPA’s One-Year Statute of Limitations Strictly Enforced
FDCPA suit must begin within one year of the filing of a time-barred claim.
Magistrate Masterfully Describes Permissible Claims for Violating Discharge Injunction
Contempt and FDCPA claims can coexist in one suit in district court.
Chapter 13 Plan Ok’d with Balloon Payment for Secured Lender
Georgia judge parts with ‘overwhelming majority’ of decisions precluding balloon payments.
Florida Judge Extends a Trustee’s Statute of Limitations to 10 Years
Courts split on giving trustees the IRS’ 10-year statute of limitations for avoidance actions.