Credit Counseling Update The Perfect Storm Brewing
In October 1991, the fishing boat Andrea Gail and her six-man crew were headed to the fertile fishing grounds of the North Atlantic seeking the "big catch." Focused on the catch and the cash, the crew was unaware that three different storms were converging into one. The
Post-Closing Demands for Mortgage-Related Fees Assessed During a Chapter 13 Plan Part I Does the Court Have Jurisdiction
Saving a principal residence from foreclosure and curing a mortgage arrearage are key reasons why many debtors file for chapter 13. While paying a home mortgage arrearage through a chapter 13 plan can cure that pre-petition arrearage, a home mortgage creditor may assess
Direct Circuit Review Isn’t Possible from Proposed Findings and Conclusions
A Stern-infected decision can’t be appealed directly to a court of appeals, the Eleventh Circuit says.
On the Means Test, Fourth Circuit Allows Chapter 7 Debtors the Best of Both Worlds
Deadlines for direct appeal to the circuit are procedural, not jurisdictional.
Unresolved Attorneys’ Fees Do Not Affect ‘Finality,’ Eleventh Circuit Holds
Fee issues are collateral, not affecting a final ruling on the merits.
Serving a Complaint on a Bank by Ordinary Mail Is a Nullity
Without service by certified mail, a bank is not compelled to respond to a complaint.
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses
California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.
Sixth Circuit Bars Bankruptcy Courts from Enforcing Constitutional Rights in Chapter 9
Barring a city in chapter 9 from turning off the water violates Section 904, Sixth Circuit rules.