Claim Objections Are Permissible in Chapter 13 After Plan Confirmation
Tulsa judge permits leisurely objections to unsecured claims in chapter 13.
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.
Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
High court should revisit Kelly v. Robinson from 1986, circuit court says.
FDCPA Case Percolates Toward the Eleventh Circuit, Setting up a Petition for Certiorari
$1,000 in damages justifies $36,000 in attorneys’ fees for violating the FDCPA.