Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed
New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.
State Consumer Protection Law Preempted by the Bankruptcy Code
Preemption easier to find than implied repeal, Chicago district judge says.
Chapter 13 Stretches Out the Time for Redeeming Pawned Property
Real estate foreclosure and pawn transactions aren’t the same, Georgia judge says.
Creditor with Scheduled Claim Still Must File a Proof of Claim in Chapter 13
Ninth Circuit finds no loopholes in chapter 13’s claim-filing requirement.
Judge Farris Disagrees with 11th Circuit on ‘Surrender’ as Waiver of Foreclosure Defenses
Less than a month after Failla, a circuit split is brewing on the effect of intention to surrender.
Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits
California district courts split on whether filing stale claims violates RICO.