Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing
Selling a home after filing chapter 7 does not destroy the homestead exemption.
Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction
New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.
Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments
Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
Interim Fee Awards in Chapter 13 Are OK Before Conversion
District judge changes local practice in the bankruptcy court on interim awards in chapter 13.
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Debtors aren’t required to turn over tax returns that don’t exist.