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Eleventh Circuit Moves Toward Bright Line Rule That Debtors Cannot Retain Real Property Post- Discharge Without Reaffirming the Mortgage Debt
  • Burr & Forman LLP
  • USA
  • August 23 2017

Last year, Burr & Forman lawyers won a decisive victory in the Eleventh Circuit, in the case of In re Failla, 838 F.3d 1170 (11th Cir. 2016). In

6th Cir. Holds Debtors Could Compel Abandonment of Home If Little Equity Available
  • Maurice Wutscher LLP
  • USA
  • August 18 2017

The U.S. Court of Appeals for the Sixth Circuit recently affirmed a bankruptcy court's order granting the debtors' motion to compel the trustee to

New Bankruptcy Rules Effective December 1, 2017, Will Impact Financial Institutions
  • Hunton & Williams LLP
  • USA
  • July 28 2017

Major changes to bankruptcy rules that govern the administration of consumer bankruptcy cases, and Chapter 13 cases in particular, were recently

11th Cir. Holds Bankruptcy Chapter 13 to 7 Conversions May Be Dismissed for ‘Abuse’ Under 11 U.S.C. 707(b)
  • Maurice Wutscher LLP
  • USA
  • July 17 2017

The U.S. Court of Appeals for the Eleventh Circuit recently held that section 707(b) of the Bankruptcy Code, which allows a bankruptcy court to

6th Cir. Bankruptcy Panel Holds Foreclosure Deficiency Judgment May Be Avoided
  • Maurice Wutscher LLP
  • USA
  • July 10 2017

The Bankruptcy Appellate Panel of the U.S. Court of Appeals for the Sixth Circuit recently held that a mortgage foreclosure deficiency judgment lien

Bankruptcy Court Finds No Stay Violation Where Creditor Initially Refused to Return Vehicle to Debtor Who Claimed Equitable Ownership Interest
  • Nexsen Pruet
  • USA
  • June 29 2017

In McCall v. Anderson Brothers Bank (In re McCall), Adv. Pro. No. 16-80008-jw (Bankr. D.S.C. 2016), the Honorable John E. Waites held that a creditor

U.S. Supreme Court Narrowly Holds that Filing of TimeBarred Proof of Claim Does Not Violate FDCPA, But Leaves Door Open to Application of the Act in Other Circumstances
  • Hunton & Williams LLP
  • USA
  • June 19 2017

The Supreme Court of the United States in Midland v. Johnson reversed the Eleventh Circuit Court of Appeals and held that a debt collector that files

Supreme Court Rules that Debt Collector’s Attempt to Collect Time Barred Claim in Chapter 13 Bankruptcy Case Does not Violate Fair Debt Collection Practices Act
  • Foster Swift Collins & Smith PC
  • USA
  • June 8 2017

What happens in a Chapter 13 bankruptcy case when a creditor files a proof of claim involving a debt for which the statute of limitations to collect

Supreme Court Holds That Filing of Bankruptcy Claim on Time-Barred Debt Does Not Violate FDCPA
  • Riker Danzig Scherer Hyland & Perretti LLP
  • USA
  • May 30 2017

The United States Supreme Court recently held that a creditor who files a bankruptcy claim on a time-barred debt does not violate the Fair Debt

Balancing Act: Supreme Court Rules That Filing a Proof of Claim for Stale Debt Does Not Violate the Fair Debt Collection Practices Act
  • K&L Gates
  • USA
  • May 24 2017

The U.S. Supreme Court has held that the filing of a proof of claim in bankruptcy proceedings with respect to time-barred debt is not a “false