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Rochelle's Daily Wire | ABI Exclusive
August 19, 2019
A Michigan Stay Opinion Raises Contempt Issues from the Supreme Court
Does inaction or refusal to turn over estate property absent a turnover order violate the automatic stay?
August 16, 2019
Seventh Circuit Opinion on Contempt Raises Questions under Taggart
On an appeal involving contempt of the discharge injunction, would the circuit court have reached a different conclusion by employing the standard under Taggart?
August 15, 2019
Fourth Circuit Widens the Split on Judicial Estoppel’s Bad Faith Presumption
A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.
August 9, 2019
Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans
Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.
August 8, 2019
Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’
August 7, 2019
A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says
A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.
August 2, 2019
Fifth Circuit Makes Student Loans Even More Difficult to Discharge
Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.
July 29, 2019
A ‘Plausible’ Claim for a Discharge Violation Is No Longer Sufficient after Taggart
An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.
Alabama Middle District
July 22, 2019
In the More Lenient Eighth Circuit, Debtors Knock Off $130,000 in Student Loans
Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.
Iowa Northern District
July 18, 2019
How to Draft a Judgment to Be Nondischargeable in Bankruptcy
To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.
California Southern District