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Rochelle's Daily Wire | ABI Exclusive
May 7, 2019
District Court Upholds Discharge of a Portion of Student Loan Debt
Finding ‘undue hardship’ held not to require discharging all student loan debt.
December 26, 2018
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
November 2, 2018
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
October 4, 2018
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
August 3, 2018
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
March 27, 2018
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
June 13, 2017
Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
February 14, 2017
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
June 28, 2016
Cover Sheet Is No Substitute for Filing a Complaint
Kansas judge strictly enforces rules on filing dischargeability complaints.
January 8, 2016
Kansas Judge Endorses Fee-Only Chapter 13 Plans
Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.