Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)
Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.
Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation
First Circuit requires attempt to collect to prove a discharge injunction violation.
Lawyers Can Violate FDCPA by Making Factually Inaccurate Allegations in Bankruptcy Pleadings
There is no litigation privilege in the FDCPA for inaccurate allegations in bankruptcy court.
District Judge Splits with Third Circuit on Recoupment and Social Security Overpayment
Social Security benefits were properly cut off to recover overpayment.
Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
District Courts Lack Jurisdiction to Enforce Discharge Injunctions
Eleventh Circuit judicially creates exclusive jurisdiction in the bankruptcy courts.
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.
Sovereign Immunity Insulates Government from Emotional Distress Claims
Section 106’s sovereign immunity waiver is not clear enough for emotional distress claims.