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Ninth Circuit to Address Scope of § 524(i) and Discharge Remedies in Valdellon v. Wells Fargo
The Ninth Circuit is poised to address a set of important issues at the intersection of Chapter 13 practice and discharge enforcement in Valdellon v. Wells Fargo. The appeal challenges how § 524(i) applies when a mortgage servicer fails to honor the cure-and-maintain structure of a confirmed Chapter 13 plan and asks whether emotional-distress damages […]
Tags: bankruptcy, emotional distress, mortgage payments
December 2, 2025
Valdellon v Wells Fargo – Appellee’s brief – 9th Circuit
Valdellon v Wells Fargo – Appellee’s brief – 9th Circuit
Michigan Court of Appeals Orders Presentation of Passed Bills, Including Critical Bankruptcy-Exemption Modernization Measure
In a significant constitutional and consumer-protection decision, the Michigan Court of Appeals held that nine bills duly enacted by both chambers of the Legislature—including HB 4901, the long-awaited modernization of Michigan’s bankruptcy exemptions—must be presented to the Governor for consideration. The opinion, released October 27, 2025, reverses the Court of Claims and directs issuance of […]
Tags: bankruptcy, bill, exemption
5th Circuit Holds That The 30-Day Window To Object to Exemptions in Rule 4003(b)(1) Can Be Waived
In Langston v. Dallas Commodity Company, No. 24-10883 (5th Cir. Nov. 17, 2025), the U.S. Court of Appeals for the Fifth Circuit addressed a recurring challenge in consumer bankruptcy practice: what happens when a trustee fails to properly continue a Section 341 meeting of creditors under Federal Rule of Bankruptcy Procedure 2003(e)? While the court […]
Tags: 341 meeting, bankruptcy, deadlines, Waiver
November 19, 2025
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