Sanction for Discharge Violation: $450 in Actual Damages and $10,000 for Attorneys’ Fees
When there’s ‘no fair ground of doubt’ about a discharge violation, the creditor should settle or make an offer of settlement to avoid larger damages after trial.
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.
Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations
Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.
Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.
Baker Botts Read Narrowly on Compensation for Defending Fee Application
Florida judge allows fees for supplementing application with more detail.
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.
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.
Debtors Throw Away $36,500 and Their Discharges at the Same Time
Judge can’t save debtors from the consequences of their self-inflicted wounds.
FDCPA Held Applicable to Violations of Discharge Injunction
Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.
Florida District Court Again Overrides the FDCPA on Time-Barred Claims
Lower courts continue ignoring the Eleventh Circuit’s policy statement on the FDCPA.