202105.06
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Virginia District Court finds private right to action under §525(b) employment discrimination case

It is fairly rare to see a case brought alleging employment discrimination due to the filing of a bankruptcy.  This allegation gave rise to a complaint under 11 U.S.C. §525(b) in Johnson v. Speedway, LLC, 2021 U.S. Dist. LEXIS 80891, Case no 7:21cv00100 (W.D. Va. 28 April 2021). 

202104.30
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11th Circuit reverses summary judgment for credit reporting agency under FCRA finding mere verification with provider insufficient where consumer advised that reaffirmation had been rescinded

 The 11th Circuit just recently entered a decision on the liability of credit reporting agencies for continuing to report an obligation owed on a debt discharged in bankruptcy.  In Losch v. Nationwide Mortg. LLC, 2021 U.S. App. LEXIS 12578, Case no. 20-10695 (28 April 2021) the debtor, Losch, initially reaffirmed the mortgage, but rescinded such reaffirmation (with court approval) after the trustee sold the home.  Upon discovering that Esperian was continuing to report a $140,000 balance and that he was delinquent on the mortgage in the amount of $10,000, he contacted the agency to have them correct the issue, but the agency’s inquiry with its data furnisher – Nationstar, inaccurately confirmed the prior report.  

202104.14
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Florida court determines Ohio law precludes successful defendant/debtor from an award of prevailing party fees on §727 complaint, but awards costs under Federal law

 In Feldy Boys, LLC v. Polasky (In re Polasky), 221 Bankr. LEXIS 927, Adv No. 2:18-ap-594-FMD (7 April 2021) Judge Delano denied the Debtor-Defendant’s request for attorneys fees, but allowed costs of $4,261.03 against the plaintiff.  The adversary proceeding involved a personal guaranty of a lease, and  included counts under §727(c)(d) and (e) as well as §523(a)(5).  Upon prevailing in the adversary itself, the Debtor sought taxation of fees in the amount of $95,970 under §57.105(7) of the Florida Statutes, as the guaranty provided for reimbursement to plaintiff of fees and expenses.

202005.13
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Prepetition Credit Counseling continues to trip up debtors

Prepetition Credit Counseling continues to trip up debtors: Prior to filing bankruptcy, debtors are required to take a credit counselling course.  A survey of cases in which waiver of the credit counseling requirement was sought was listed in In re Grantham, 2020 Bankr. LEXIS 1228, Case No. 6:20-bk-11740-WJ (Bankr. C.D. Cal., 7 May 2020). In this…