Bankruptcy Courts Grapple with the “COVID-19 Discharge” APPENDIX A 11 U.S.C. § 1328 Discharge (Text added by CAA, effective: December 27, 2020 and subject to one-year sunset, appears in italics.) (Mandatory and precatory directions to the court, critical to the statutory analysis in In re Ritter, appears in bold.) (a) Subject to subsection (d), as soon as practicable after completion...
Critical Case Comment
Print This Article
Link to Post:
By Henry E. Hildebrand, III, Chapter 13 Trustee for the Middle District of Tennessee (Nashville)
There is no irreconcilable conflict between the FDCPA and the Bankruptcy Code and, accordingly, although a claim may be filed in a bankruptcy case, consequences of filing a claim that violates the FDCPA can subject the creditor filing the claim to sanctions. Johnson v. Midland Funding, LLC, 2016 WL 2996372 (11th Cir. May 24, 2016) (Martin)
Case Summary
Two years ago, the Eleventh Circuit decided the case of Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir . . .
It looks like you are not signed in or registered! This content is only available to members.
Or Sign In Below:
Related Articles
May the Chapter 13 Trustee Keep Fees Paid Before Dismissal? – Part 2
Bankruptcy Courts Grapple with the “COVID-19 Discharge” – Appendix A
Taggart v. Lorenzen: Supreme Court Stakes Out Middle Ground on Contempt Standard for Discharge Injunction Violations, Leaves Clues About Automatic Stay Violations
From the Editor – Avoidance
Representing Elderly Clients in Bankruptcy – Part 3 of 3
Is 1328(i) Ultimately Terrible for Debtors?
Critical Case Comment
Critical Case Comment – 10th Circuit Says No Default Cures After Month 60
From the Editor – Claims
The Hanging Paragraph – Hanging on Every Word Part 4 of 4