Consumer Bankruptcy

Second Circuit Bars Arbitration of Claim Subordination Dispute

Appeals court easily rules against arbitration on a core issue involving priority.
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Supreme Court’s Upcoming FDCPA Decision Also May Govern RICO Suits

California district courts split on whether filing stale claims violates RICO.

‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership

Findings of fact determine whether bankruptcy court can enter a final order.

Supreme Court to Resolve Circuit Splits on the Fair Debt Collection Practices Act

High court grants certiorari in a second bankruptcy case for the new term.

Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’

Government payments to care for disabled adults go to parents, not creditors, judge rules.

‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases

Bankruptcy court can make a final order disallowing an unfiled claim under state law.

Reimbursed Expenses Included in Calculating Median Income for Plan Duration

Debtor kicked into longer plan as a consequence of employer’s expense reimbursements.

Trustee Gets No Fee on Insurance Proceeds Paid to Secured Lender

District judge prescribes local rule for bankruptcy courts.

Election to ‘Surrender’ Property Bars Opposition to Foreclosure, Eleventh Circuit Holds

Debtors may face sanctions for continuing to occupy property they intend to surrender.
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