Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)
Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.
Bankruptcy Rules Deadlines Apply to Trials in District Court, Circuit Holds
Federal Rules are ousted for bankruptcy matters in district court, Eleventh Circuit says.
Seventh Circuit Tells Lower Courts to Duck State Law Foreclosure Issues
State courts should rule on state law issues, says circuit panel including Richard Posner.
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.
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.