The co-debtor stay shields a non-debtor only if the debtor is liable on a consumer debt along with the non-debtor and a consumer debt does not include a debt for which the debtor is not...
Tenancy by the entirety property transferred to a trust is exempt, pursuant to 522(b)(3)(B), because, applicable state law, the Illinois Joint Tenancy Act, provides that such property is...
The court employed a "commonsense inquiry" to determine whether the communication constitutes an attempt to collect a debt. Judge Shedd concluded that "the communications were for...
* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R....
The First Circuit affirmed the bankruptcy court's decision that a 1099-A form sent by the mortgagee did not violate the discharge injunction.
The Court of Appeals for the First Circuit AFFIRMS the order of the district court below finding that a certificate of acknowledgement for a mortgage was not materially...
After Chapter 13 Debtors successfully stripped homeowner association lien for purposes of plan confirmation, bankruptcy court erred in awarding attorneys fees and costs to Chapter 13 Debtor as...
Bankruptcy court's order denying debtor's fee motion is vacated, and case is remanded to determine whether adversary proceeding was an action on a sales contract and whether attorney's fees are...
Petition preparer was strictly liable for violating 110 by using term "paralegal" in firm name and advertisement.
The scope and application of state exemptions are defined by the state courts and appellate courts will give deference to the state's hhighest court's interpretation. if the state's highest...
