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Home » Personal Bankruptcy Topics » Consumer Debt

Failla v. Citibank, N.A. (In re Failla)

  • Summarized by David Bury , Stone & Baxter, LLP
  • 9 years 8 months ago
Citation:
Failla v. Citibank, N.A. (In re Failla), No. 15-15626 (11th Cir. Oct. 4, 2016)
Ruling:
The word "surrender" in 11 U.S.C. § 521(a)(2) requires that a debtor who designates in his schedules that he will surrender a particular property to, in fact, relinquish his right to possess that...
Judge(s):
Marcus, Pryor, and Lawson (District Court Judge)
Tag(s):

Drury v. U.S. Trustee (In re Drury)

  • Summarized by David Hercher , U.S. Bankruptcy Court
  • 9 years 9 months ago
Citation:
In re Drury, No. CC-15-1441-KuFD (9th Cir. B.A.P. Aug. 23, 2016). Not for publication.
Ruling:
In determining disposable income, a chapter 7 debtor may deduct loan payments that the debtor does not owe on a car that the debtor uses, but does not own.
Judge(s):
Frank L. Kurtz, Robert J. Faris, and Randall L. Dunn, Bankruptcy Appellate Panel Judges.
Tag(s):

Dubois v. Atlas Acquisitions LLC (In re Dubois)

  • Summarized by Kristen Siracusa , Office of the U.S. Trustee
  • 9 years 9 months ago
Citation:
Dubois v. Atlas Acquisitions LLC (In re Dubois), No. 15-1945 (4th Cir. Aug. 25, 2016)
Ruling:
The issue on appeal was whether Atlas violated the FDCPA by filing proofs of claim based on time-barred debts. The Fourth Circuit concluded that Atlas’s conduct did not violate the FDCPA and...
Judge(s):
Judge Albert Diaz, Judge Henry F. Floyd, and Judge Stephanie D. Thacker.
Tag(s):

Smith v. Lerner, Sampson & Rothfuss, L.P.A., et al

  • Summarized by J. Debbeler , Debbeler Law LLC
  • 9 years 10 months ago
Citation:
File Name:16a0470n.06; No. 15-3563
Ruling:
The Sixth Circuit Court of Appeals affirmed the decision of the district court which held that the borrower's claims against the defendants for an FDCPA violation were untimely and the borrower's...
Judge(s):
Boggs, Rodgers and Berg- District Judge sitting by designation
Tag(s):

Velasquez v. Bank of America, N.A. (In re Velasquez)

  • Summarized by Lars Fuller , BakerHostetler
  • 9 years 10 months ago
Citation:
NC-15-1177-TaJuKi (BAP 9th Cir. Aug. 9, 2016) (unpublished)
Ruling:
BAP for 9th Circuit affirmed the ruling of the bankruptcy court (N.D. Cal.) overruling chapter 13 debtors objection to proof of claim. Proof of claim was prima facie evidence of claim's validity...
Judge(s):
Taylor, Jury, Kirscher
Tag(s):

Owens v. LVNV Funding, LLC

  • Summarized by Daniel Waxman , KEWA Financial Inc.
  • 9 years 10 months ago
Citation:
Owens v. LNVN Funding, LLC, Case Nos. 15-2044, 15-2082, 15-2109 (7th Cir. Aug. 10, 2016)
Ruling:
Majority: The filing of a proof of claim, by a debt collector, on a "stale debt" is not, in and of itself, a false, deceptive, or misleading practice prohibited by the Fair Debt Collection...
Judge(s):
Flaum & Bauer, with Wood dissenting.
Tag(s):

Bushkin v. Singer (In re Bushkin)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 10 months ago
Citation:
Bushkin v. Singer (n re Bushkin), Case No. CC-15-1285-KiKuF (9th Cir. B.A.P. Jul. 22, 2016) (unpublished)
Ruling:
Bankruptcy court order denying debtor's motion for attorney's fees and costs under § 523(d) affirmed because debt owed to creditor was not a consumer debt.
Judge(s):
Kirscher, Kurtz, Faris
Tag(s):

Hernandez vs. Williams, Zinman & Parhan, PC

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 11 months ago
Citation:
Hernandez vs. Williams, Zinman & Parhan, PC, Case No. 14-15672 (9th Cir. Jul. 20, 2016)
Ruling:
The FDCPA unambiguously requires any debt collector, whether an initial or subsequent collector, to send a § 1692g(a) validation notice within five days of its first communication with a consumer...
Judge(s):
Noonan, Gould, Friedland
Tag(s):

Sanders v. Cohen (In re Sanders)

  • Summarized by Laura Coordes , Arizona State University, Sandra Day O'Connor College of Law
  • 9 years 11 months ago
Citation:
Sanders v. Cohen (In re Sanders), Case No. CC-15-1284-FKiKu (9th Cir. BAP Jul. 15, 2016) (unpublished)
Ruling:
Bankruptcy court afforded chapter 13 debtor adequate notice and an opportunity to be heard; thus, bankruptcy court's dismissal of debtor's case did not violate his due process rights and is affirmed.
Judge(s):
Faris, Kirscher, Kurtz
Tag(s):

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