Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.
Chapter 13 Confirmation Bars Garnishment to Pay Child Support
BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.
Calculation of Punitive Damages Did Not Consider Amount of Attorneys’ Fees
$50,000 in punitive damages held excessive when actual damages were $1,500.
Using Untrained Personnel Is No Defense Against Willful Stay Violation
Simple mistake mushrooms into $50,000 in punitive damages for stay violation.
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.
Rooker-Feldman Is No Bar to Overruling a State Court on the Automatic Stay
Despite concurrent jurisdiction, courts are split on Rooker-Feldman and the stay.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Georgia district judge confronts creditors who file claims based on stale debts.
Eleventh Circuit Requires Punctilious Proof to Enforce Arbitration Agreement
Circuit court rules on grounds less favorable for the debtor than the district judge’s.
Careful Timing Lets Chapter 13 Debtors Retain Personal Injury Settlements
Bankruptcy judge interprets ‘cause’ under Section 1329(c) as being debtor-centric.