Eleventh Circuit says “All Writs Act” not a basis to challenge foreclosure

The Eleventh Circuit affirmed a Florida district court’s rejection of a bankruptcy debtor’s attempt to use the “All Writs Act” to challenge the lender’s foreclosure on her property finding it was not the kind of case for which the All Writs Act was designed. In Rohe v. Wells Fargo Bank,…

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Firm will present at American Legal & Financial Network’s ANSWERS Webinar

On Friday, July 31, 2020, Founding Partner Jim Noonan will be virtually presenting at this year’s American Legal & Financial Network (ALFN) ANSWERS webinar entitled “Hindsight is 2020 – A year in Review. Top Issues of the Past Year.” Conferences as we have known them may be on hold, but…

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Seventh Circuit rules that debtors in Chapter 13 bankruptcy cases cannot proceed on appeal…

The Seventh Circuit in Bastani v. Wells Fargo Bank, N.A., No. 20-1373 (June 8, 2020) was presented with an question on appeal from a Chapter 13 bankruptcy case where the debtor did not pay the appellate fee, but sought leave to proceed on appeal in forma pauperis. It denied the…

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Seventh Circuit applies agency principles to find a creditor can be held in civil…

In In re: Jacqueline M. Sterling, No. 18-2773 (7th Cir. August 13, 2019) the Seventh Circuit held that a creditor could be held in civil contempt, on an agency theory, for violations of the discharge injunction by its attorney; but the attorney could not be held in contempt for violating…

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Seventh Circuit finds contingent future interests are not exempt from a bankruptcy estate under…

In In re: Scott N. Jaffe, No. 18-2726 (7th Cir. August 5, 2019) the Seventh Circuit reversed the district court, finding that because a debtor’s contingent future interest in property was not exempt under Illinois law as it was not exempt from the debtor’s bankruptcy estate. In Jaffe, the creditor…

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Eleventh Circuit holds that debt is not “provided for” in the chapter 13 plan…

The Eleventh Circuit affirmed a Florida district court’s holding In re Dukes, 909 F.3d 1306 (11th Cir. Dec. 6, 2018), that a mortgage debt was not discharged under 11 U.S.C. § 1328(a) when the debt was paid outside of the chapter 13 plan because it was not “provided for” in…

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Florida court holds that a mortgagor is not estopped from claiming a fee award…

The Fourth District of Florida held that a mortgagor who was awarded attorney’s fees and costs in a foreclosure which was voluntarily dismissed by the foreclosing bank but who failed to disclose the award in his chapter 11 bankruptcy petition was not judicially estopped from later claiming that award. The…

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Ninth Circuit holds that in a fraudulent transfer the creditor can reach assets of…

The Ninth Circuit held in DZ Bank AG Deutsche Zentral-Genossenschaft Bank v. Meyer, No. 15-35086 (9th Cir. Aug. 24, 2017) that where the debtor fraudulently transferred assets the creditor is not limited to recovering the value of the assets that were directly traceable to the bank’s security interest. The case…

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Sixth Circuit holds that tendering homestead exemption does not deprive debtors of standing to…

The Sixth Circuit held in In re Burke, 863 F.3d 521 (6th Cir. July 14, 2017), that a Trustee cannot deprive Chapter 7 debtors of standing to compel the Trustee to abandon the property by tendering their homestead exemption. The Chapter 7 Trustee moved to evict Debtors from their home,…

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Sixth Circuit Finds Rents Collected Under An Assignment Of Rent That Is Fully Transferred…

In In re Town Ctr. Flats, LLC, 855 F.3d 721 (6th Cir. 2017) the Sixth Circuit held that under Michigan law an assignment of rents agreement transferred the ownership of the rents to the creditor and therefore the rents were not property of the bankruptcy estate. The debtor in In…

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