Bankruptcy Law Reporter Index-Summary

DEBT COLLECTION

– Bankruptcy garnishments, conferees discuss, 854
– Buyers of debt, N.Y. City mayor signs bill treating as collectors, 420
– Calls to ported numbers, FCC seeks comments re TCPA compliance, 450
– Default judgments, state seeks to invalidate due to process server fraud (N.Y. Sup. Ct.), 1080
– Dishonored checks, collectors who recover service fees may not recover prejudgment interest (Cal.), 1156
– FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Fraud complaints rising in weak economy, officials say, 346
– High interest charges, Minn. attorney general sues Allina Health (Minn. Dist. Ct.), 170

DEBT SETTLEMENT

– Budget planner laws should extend to debt settlement firms, N.Y. official says, 698
– Firm owner jailed after refusal to follow court order to cease operations, return funds to defrauded clients (Md. Cir. Ct.), 1165
– Industry practices, N.Y. attorney general launches nationwide probe, 656; suits filed in N.Y. and Tex., 738; firms violated state and federal statutes, N.Y. attorney general says, 780; firms pay fines, agree to change practices, 813; more firms shut down, 905; judgment won against Ariz. firm that defrauded N.Y. customers (N.Y. Sup. Ct.), 1502

DEBTOR DUTIES

See DUTIES OF DEBTOR

DELIVERY SERVICES

See generally TRANSPORTATION

DEPARTMENT OF

See specific department e.g., TREASURY DEPARTMENT

DERIVATIVES

See SECURITIES

DETERMINATION OF SECURED STATUS

– Attorneys' fees may be granted post-petition if allowed under contract or state law (N.D.N.Y.), 84
– Hanging paragraph does not permit debtors to surrender car in full satisfaction of debt (5th Cir.), 899
– Residential property lien, Ch. 13 debtors with insufficient equity can void (D. Md.), 1302

DISCHARGE OF DEBTS

See also EXCEPTIONS TO DISCHARGE
– Assignee can block discharge of judgment (9th Cir.), Case In Brief, 854
– Attorneys' fees and costs, claim untimely (E.D. Wis.), Case in Brief, 1070
– Back-to-back discharges, 4-year clock runs from filing date (6th Cir.), 64
– Certified reaffirmation agreement cannot be disapproved without notice and hearing (B.A.P. 6th Cir.), 1384
– Debt for defalcation in a fiduciary capacity (U.S., rev sought), 1234
– Divorce

– – Hold-harmless clause, divorcee may seek to enforce (Minn. Ct. App.), Case in Brief, 855
– – Property division, tax deduction for child dependence (U.S., rev den), 106

– Frivolous tax return penalties nondischargeable (B.A.P. 10th Cir.), Case in Brief, 938
– Grant or denial, gap in Federal Rules can lead to abuse by Ch. 7 debtor and alter U.S. Trustee rights (Bankr. D.N.H.), 850
– Omission of assets from schedules not intentional, debtor entitled to general discharge (Bankr. D. Minn.), 531
– Resource Conservation and Recovery Act (RCRA) claims not dischargeable (7th Cir.), 1246
– State taxes properly discharged (9th Cir.), 1217
– Student loans

See STUDENT LOANS

– Tort claims arising after plan's effective date may proceed, pre-petition warranty claims dismissed (D. Del.), 217

DISCRIMINATION

– Age bias claims not disclosed in bankruptcy filing waived (10th Cir.), 979
– EEOC sexual harassment lawsuit against restaurant, decree resolving approved (S.D. Cal.), 1179
– Gender bias, ex-postal worker who orally disclosed claim to trustee has standing to sue (7th Cir.), 504
– Mortgages, N.Y. attorney general reaches settlements, files new case, 44
– Race and sex bias, settlement approved in EEOC suit against restaurant (W.D. Ky.), 892
– Rescission of job offer because of applicant's earlier bankruptcy, no violation of rights by restaurant (M.D. Fla.), 1528

DISMISSAL OF ACTIONS

– Attorney/Ch. 7 debtor failed to show excusable neglect for not timely filing appeal documents, dismissal proper (S.D.N.Y.), 192
– Automatic stay violation, dismissal of Ch. 13 case does not divest court of jurisdiction over adversary proceeding (10th Cir.), 1259
– Debtors lacking loan or lease expenses properly allowed vehicle deduction (7th Cir.), 12
– Disability insurance benefits included as income in means test CMI calculation, dismissal of Ch. 7 case proper (9th Cir.), 161
– Failure to file documents, dismissal affirmed (B.A.P. 10th Cir.), Case in Brief, 266
– 401(k) loan payments not secured debts or necessary expenses (9th Cir.), 852
– Insider as sole creditor, court finding and denial of confirmation proper (N.D. Ill.), 1139
– Lehman Bros. Finance AG Ch. 11 case dismissed (Bankr. S.D.N.Y.), 361
– Middle-aged single debtor with no dependents has ability to repay debts, Ch. 7 petition dismissed (Bankr. N.D. Ohio), 1303
– Schedules I and J, missing data not cause for automatic dismissal of Ch. 7 case (W.D.N.Y.), 1153
– Transportation ownership deduction, debtor without loan or lease payment on cars may claim (5th Cir.), 937

DIVORCE

– Alimony, in gross award must be based on obligor's estate at time of judgment (Ala.), 1025

DOUBLE JEOPARDY

– Retrial barred after mixed verdicts on charges with shared essential elements (U.S., rvs and rem), 888

DUE PROCESS

– Civil contempt, habeas corpus (U.S., rev sought), 48; (rev den), 106
– FACTA permissible statutory damage range does not violate (N.D. Ill.), 310

DUTIES OF DEBTOR

– Financial data

– – Failure to file, court may excuse (1st Cir.), 336
– – Filing requirement, court may waive after deadline (9th Cir.), 977

– Ride-through option not available under BAPCPA (9th Cir.), 1383
– Schedules I and J, missing data not cause for automatic dismissal of Ch. 7 case (W.D.N.Y.), 1153