After December 1, 2010, Federal Rule of Civil Procedure 8 (c) no longer required that "discharge in bankruptcy" be plead as an affirmative defense because the Rules Committee felt that the language of 11 U.S.C.
By Ed Boltz, 7 November, 2011
This note discusses the circuit split that is found regarding whether the FDCPA applies to communications from a debt collector to a debtor's attorney between the Third, Fourth, Seventh and Tenth Circuits.
By Ed Boltz, 7 November, 2011
Abstract:
This two part article is an exchange between Prof. Melissa Jacoby and Prof. Anna Gelpern examines the challenge of consumer financial protection and its implications for financial stability. Jacoby illustrates how the channels of production of formal law (non-uniform state law, uniform state law, federal law) fail to coherently reflect the functions of ex post consumer debtor protection. Channels of production shape the market for the services of lawyers and other intermediaries.
By Ed Boltz, 7 November, 2011
Abstract:
This article was written for the Federal Judicial Center's annual symposium for bankruptcy judges. It examines the practical implications of the intersection of the Bankruptcy Code and DOMA. While states provide same-sex couples some or all of the rights and obligations of marriage including those related to creditor-debtor relationships, DOMA prohibits federal courts from recognizing those unions and attendant rights when applying federal law.