Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans
Consumer debtors bat 500 last week in significant cases.
Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions
Milwaukee judge pens a debtor-friendly opinion on judicial liens.
Rare Bible Worth $10,000 Is an Exempt Asset, Seventh Circuit Holds
Seventh Circuit won’t impose limits on exemption for religious articles.
Support Obligations for Grandchildren Are Ordinarily Dischargeable
Deficient drafting results in dismissal of dischargeability complaint.
Sale of Delinquent Tax Certificates Leads to Fraudulent Transfer, Seventh Circuit Says
Seventh Circuit upsets Illinois system for collecting delinquent real estate taxes
Homestead Owned by a Trust Can Be an Exempt Homestead in Illinois
Trust must be carefully drafted in Illinois to retain the entireties exemption.
Guardian’s Fees Not Discharged in Father’s Bankruptcy
Indiana judge parts company with other courts in helping out a guardian ad litem.