Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
Courts Split on Standards Justifying Hardship Discharge
‘Catastrophic event’ not required for hardship discharge.
Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds
Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.
Circuit Splits Widen on Dischargeability of Tax Debts on Late-Filed Returns
Eleventh Circuit keeps taxpayer on the hook for late-filed tax returns.
FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.
11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy
Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
Georgia Supreme Court to Decide on Exemption for Health Savings Account
The Eleventh Circuit punts on exempting HSAs under Georgia law.