Julie E. Carnes

11th Circuit Apr 5, 2019

Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts

Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.
11th Circuit Dec 6, 2018

Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds

By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
11th Circuit Aug 14, 2018

Circuit Split Narrows on the New Value Defense to a Preference

Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.