Circuit Court of Appeals Cases from Last Week

1st Circuit Court of Appeals, October 03, 2008
Ameriquest Mortgage Co. v. Nosek, --- F.3d ---, 2008 WL ------ (1st Cir. 2008)(award of $250,000 for emotional distress and $500,000 in punitive damages for mortgage company's violations of 11 U.S.C. section 1322(b) is reversed where there was no violation of either the Bankruptcy Code or defendant's plan)

9th Circuit Court of Appeals, October 02, 2008
Espinosa v. United Student Aid Funds, Inc., --- F.3d ---, 2008 WL ------ (9th Cir. 2008)(unpaid portion of student loan in chapter 13 may be discharged per plan without adversary proceeding)

11th Circuit Court of Appeals, September 29, 2008
DaimlerChrysler Financial Servs. Ams. v. Barrett, --- F.3d ---, 2008 WL ------ (11th Cir. 2008)(creditor may pursue an unsecured deficiency claim under the contract and state law when the debtor surrenders a 910 vehicle)