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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Ninth Circuit Confirms Replacement-Value Not “Foreclosure Value” Is the Proper Standard When a Chapter…

In In re Sunnyslope Hous. Ltd. P’ship, 859 F.3d 637, 640 (9th Cir. 2017), as amended (June 23, 2017), the creditor held a lien on property which pursuant to certain covenants in debtor’s loan agreements was required to be used as low income housing. The requirement that the property be…

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U.S. Supreme Court holds that a debt collector who files a time-barred proof of…

A debt collector who files a time-barred proof of claim is not engaging in false or deceptive conduct as defined by the FDCPA, according to a recent decision by the US Supreme Court. In Midland Funding, LLC v. Johnson, 16-348, (May 15, 2017) the debtor filed a Chapter 13 Bankruptcy…

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Eleventh Circuit gives its “stamp of approval” to a bankruptcy disclaimer contained in a…

The Eleventh Circuit in Helman v. Bank of America, 15-13672, – Fed. Appx.– (11th Cir. April 12, 2017) concluded that the least sophisticated consumer would not be misled that it was personally liable for a discharged debt where the monthly statements sent by the debtor’s bank contained a statement that…

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Illinois court holds that the foreclosure of real estate is not an attempt to…

U.S. District Court for the Northern District of Illinois held in Hahn v. Anselmo Lindberg Oliver LLC, 1:16-cv-06908 (Mar. 3, 2017) that the foreclosure of real estate is not an attempt to collect a debt under the FDCPA and a law firm that proceeds with foreclosure despite a pending bankruptcy…

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Illinois court holds that HUD requirement for a face to face meeting excused where…

An Illinois appellate court in PNC Bank, v. Wilson, No. 2-15-1189, 2017 IL App (2d) 151189 (March 2, 2017) determined that a mortgage servicer’s failure to strictly comply with the HUD regulations requiring the servicer to request a face to face meeting with the mortgagor prior to instituting a foreclosure,…

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