by Carol Lawson Esq | Dec 28, 2015 | Bankruptcy
As the year comes to a close, some cases from 2015 in Bankruptcy Court should be noted.
§ 330(A) Hibbard v. General Electric Credit Union (In re Hibbard), 2015 Bankr. LEXIS 3885 (Bankr. M.D. Fla. November 13, 2015) (May, B.J.). Trustee’s attorneys’ fees awarded with significant reductions based on lodestar calculation.
§ 507(A)(1) In re Hause, 2015 Bankr. LEXIS 3923 (Bankr. M.D. Fla. November 13, 2015) (Jackson, B.J.). Claim for lump sum payment to debtor’s former spouse owed pursuant to divorce in lieu of alimony was a property settlement not entitled to priority status.
§ 1329(B)(1) In re Ford, 2015 Bankr. LEXIS 3883 (Bankr. M.D. Fla. November 13, 2015) (Funk, B.J.). The debtor could modify the plan when the medical condition resulted in decreased income.
§ 506(A) IN RE TRAVERS, 2015 Bankr. LEXIS 3934 (Bankr. E.D. Ky. November 16, 2015) (Schaaf, B.J.) The wholly unsecured junior lien could be avoided as Sixth Circuit precedent was not affected by the U.S. Supreme Court’s decision in Caulkett; discussing Lane case.
§ 522(D)(10)(D) IN RE ROYSTER, 2015 Bankr. LEXIS 4001 (Bankr. D. Kan. November 23, 2015) (Somers, B.J.)Attorney fees awarded to the debtor in state court divorce proceeding were not exempt.
§ 523(A)(8) JOHNSON V. UNITED STATES DEP’T OF EDUC. (IN RE JOHNSON), 2015 Bankr. LEXIS 4000 (Bankr. N.D. Ala. November 24, 2015) (Mitchell, B.J.)_Discharge of student loan debt denied absent undue hardship.
§ 547(B) DYMARKOWSKI V. SAVAGE (IN RE HADLEY, 2015 Bankr. LEXIS 3983 (Bankr.N.D. Ohio November 23, 2015) (Gustafson, B.J.) Prepetition transfer of motor vehicles to debtor’s attorney as payment of fees was avoidable.
§ 554(C) STURGEON V. HART CNTY. FIN., LLC (IN RE STURGEON), 2015 Bankr. LEXIS 3960 (Bankr. W.D. Ky. November 20, 2015) (Lloyd, B.J.)Bankruptcy court lacked jurisdiction over debtor’s adversary proceeding based on a claim abandoned by the trustee.
§ 105 KLOEBER V. MONTANARI (IN RE MONTANARI), 2015 Bankr. LEXIS 3682(Bankr. E.D. Tenn. October 29, 2015) (Bauknight, B.J.) Debtor sanctioned for failing to finalize agreed-upon, a binding settlement with creditor and settlement terms were incorporated in the final judgment.
§ 522(B) LOWE V. DEBERRY (IN RE DEBERRY), 2015 Bankr. LEXIS 3694 (Bankr. W.D. Tex. October 28, 2015) (Gargotta, B.J.) Proceeds from the post-petition sale of the exempt homestead were not the property of the estate.
§ 522(P)(1)(A) BRUESS V. DIETZ (IN RE BRUESS), 2015 Bankr. LEXIS 3672 (B.A.P. 8th Cir. October 29, 2015) (Saladino, B.J.) Debtor’s homestead exemption limited where the property was acquired within 1215 days prior to the petition date.
§ 524(A)(2) BEST V. NATIONSTAR MORTG. LLC (IN RE BEST), 2015 Bankr. LEXIS 3722 (B.A.P. 1st. Cir. October 30, 2015) (per curiam) Informational correspondence did not violate the discharge injunction.
§ 541 LEONARD V. WELLS FARGO HOME MORTG. CO. (IN RE LEONARD), 2015 Bankr. LEXIS 3686 (Bankr. N.D. Miss. October 29, 2015) (Ellington, B.J.)_Debtor lacked standing to pursue adversary proceeding based on the prepetition cause of action that was now the property of the estate.
§ 1307(B) IN RE MILLS, 2015 Bankr. LEXIS 3706 (Bankr. D. Kan. October 29, 2015)(Nugent, C.B.J.) Chapter 13 debtor had an absolute right to voluntary dismissal even inlight of alleged bad faith.
§ 1322(B) JORDAHL V. BURRELL (IN RE JORDAHL), 2015 Bankr. LEXIS 3721 (B.A.P. 8th Cir. November 2, 2015) (Schermer, B.J.) Debtor’s plan could not provide for regular payments on student loan debt while paying less on other unsecured non-priority debts.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Dec 15, 2015 | Bankruptcy
In case you were not aware, ALL of the Bankruptcy Forms were changed on 12/1/15 supposedly to make the process easier. Attached is a cheat sheet of the new forms.
form_number_conversion_chart_2015 (1)
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Dec 15, 2015 | Holiday Greetings, Uncategorized
Happy Holidays from Clearwater Bankruptcy
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
by Carol Lawson Esq | Sep 9, 2015 | Consumer Credit
When creditors or debt collectors are attempting to collect a past-due debt. You may receive debt collection calls and voicemails in their attempts to collect a debt. There are several rules, that must be strictly followed if the creditor or debt collector is going to comply with both state (“FCCPA”) and federal (“FDCPA”) law.
Many creditor and debt collectors use technology (i.e., computers or software) to place these debt collection calls. Automatic Telephone Dialing Systems (ATDS) and Predictive Telephone Dialing Systems (PTDS) are used to place calls repeatedly to consumers until a call is answered. This can mean that you are receiving calls dozens if not hundreds of times a month until a creditor or debt collector reaches you and secure payment. The Telephone Consumer Protection Act (“TCPA”) 47 U.S.C. Section 227, restricts telephone solicitations (i.e., telemarketing) and the use of ATDS, and PTDS from placing or making telephone calls to consumers cellular telephones, as well as the use of prerecorded voice messages, SMS text messages, and fax machines, in certain circumstances.
Under the Fair Debt Collection Practices Act (“FDCPA”), creditors are strictly prohibited from behaving in a way that can be classified as harassing. This includes calling debtors at all hours of the night, using offensive language, persistently communicating with a debtor at their place of work after being asked to desist and misrepresenting facts in any way.
If you have notified a creditor or debt collector that you have hired an attorney for representation regarding your debts, the debt collector cannot call you to collect the debt. If it does, it is violating both the FCCPA and the FDCPA. You could be entitled to up to $2,000.00 statutory damages plus reasonable attorney fees and costs. If you have suffered from the abuse of a harassing creditor, you may have rights. Have the following taken place:
- Creditor/Debt Collector has notice of attorney representation regarding the debt;
- Creditor/Debt Collector Calls your cell phone in an attempt to collect the debt and has been told not to;
- Creditor/Debt Collector uses an Automatic Telephone Dialing System,
If a creditor or debt collector leaves a voicemail on your answering machine or cell phone, never delete it! It is evidence that could assist you in proving a violation of consumer protection laws and getting potentially thousands of dollars in damages, you could be entitled to up to $1,500.00 per call. Specifically note if the call was made to your cell phone, what your cell phone number is, and why you think the call was placed using an automatic telephone dialing system, also make note of the details of when the call was received, to what phone, etc.
Revoking Consent
To revoke any consent Associated Recovery Systems or its affiliated entities have to contact you in an attempt to collect any debt owed to them, including revoking consent to use an automatic telephone dialing system to call your cellular telephone, please either:
- Tell them you have hired LAW OFFICE OF CAROL A. LAWSON, to represent you, give them our contact information and then use the Creditor Communications Log to capture information regarding debt collection calls;
- Send them a Cease & Desist Letter; or contact the creditor/debt collector and revoke consent with the creditor via their website or telephone.
Clearwater Bankruptcy, 28870 U.S. Hwy 19 #300, Hodusa Towers, Clearwater, FL 33761,
Phone: (727) 330-1627 email: [email protected]
