Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says
Escrows and miscellaneous proceeds held to be real property, not additional collateral.
Court:
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.
Court:
Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit
An admitted attempt to collect a debt rendered informational only by a disclaimer.
Court:
Section 106 Waivers of Sovereign Immunity May Be Unconstitutional Sometimes
Patriot Coal decision analyzes Supreme Court authorities on sovereign immunity.
Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal
Pro se debtors must be told explicitly of the right to request a hearing.
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
Court:
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest
Superpriority claim only ensures recovery of filing day interest and principal.