Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim
May 15, 2017
5th Circuit , Mississippi , Mississippi Northern District ,
Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.
Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim
May 15, 2017
Supreme Court ,
High court allows a business model that is based on the inadvertence of trustees and creditors.
Courts Split on Arbitration over Dischargeability of Student Loans
May 12, 2017
9th Circuit , Washington , Washington Western District ,
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
May 12, 2017
2nd Circuit , New York , New York Eastern District ,
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Violation of Professional Ethics Resulted in a Nondischargeable Debt
May 10, 2017
5th Circuit ,
Two ethical lapses resulted in a nondischargeable debt.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
May 9, 2017
3rd Circuit ,
Circuit split widens on an issue the Supreme Court has been ducking.
Trustees Don’t Get a Second Bite at the Abandonment Apple
May 8, 2017
6th Circuit , Ohio , Ohio Southern District ,
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
May 5, 2017
9th Circuit ,
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
May 4, 2017
8th Circuit , Iowa , Iowa Northern District ,
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation
May 2, 2017
11th Circuit , Georgia , Georgia Northern District ,
One Georgia judge disagrees with another over a chapter 13 confirmation objection.

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