News & Analysis as of

Consumer Bankruptcy › Chapter 7 › Article III

Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are... more +
Consumer bankruptcy is a process to reduce or eliminate personal as opposed to business debts. Consumer bankruptcies can be filed under either Chapter 7 or Chapter 13 of the bankruptcy code.  Debtors are eligible for Chapter 7 or Chapter 13 depending on the nature of their debts and assets. less -
Burr & Forman

Seventh Circuit Holds Bankruptcy Debtor Has No Standing to Assert FDCPA Claims

Burr & Forman on

In Pucillo v. National Credit Systems, Inc., No. 21-3131, 2023 WL 3090627 (7th Cir. Apr. 26, 2023), the Seventh Circuit Court of Appeals affirmed the district court's dismissal of the plaintiff's FDCPA claims for lack of...more

Troutman Pepper

Court: “Confusion, Stress, Concern, and Fear” Alone Are Not Enough to Create Concrete Injury Under FDCPA

Troutman Pepper on

The plaintiff, an individual consumer, filed a chapter 7 bankruptcy petition, including in his schedules a debt for past-due rent for a former apartment. The bankruptcy was a matter of public record and was listed on his...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending May 11, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Summary Judgment: incorporation of an affirmative defense by referencing “previously filed pleadings” does not obviate movant’s obligation to comply with particularity requirements mandated by rule...more

Robins Kaplan LLP

Sixth Circuit Adopts Minority Interpretation of Mootness

Robins Kaplan LLP on

The United States Court of Appeals for the Sixth Circuit recently held that parties arguing mootness under section 363(m) of the Bankruptcy Code must establish that the appellate court is unable to grant effective relief...more

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