October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
October 19, 2021
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
October 7, 2021
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
October 5, 2021
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
5th Circuit , Louisiana ,
September 29, 2021
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
September 28, 2021
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
September 16, 2021
Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.
September 10, 2021
Reversing the bankruptcy court, a district judge in New York held that a civil penalty wasn’t discharged even though the fraud wasn’t committed against the government.
September 8, 2021
The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.