Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
Proceedings for Contempt Discharge Held Not Subject to Arbitration
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
Default Judgments Are (Sometimes) Nondischargeable Under Issue Preclusion
If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
State and Federal IRA Exemptions Aren’t Congruent, Eleventh Circuit Explains
Circuit Judge Grant explains why an IRA might be exempt under federal law but not exempt under the Florida exemption statute.
Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent
A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.
Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts
Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.
Payments Under the NFL’s Brain Injury Settlement Are Held Exempt on Appeal
Former NFL players with neurological impairment can file bankruptcy and exempt payments under league’s concussion settlement.