August 2, 2021
Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).
July 29, 2021
Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.
July 28, 2021
Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.
July 26, 2021
If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.
July 23, 2021
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
July 20, 2021
No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.
July 19, 2021
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
July 15, 2021
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
July 9, 2021
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
July 6, 2021
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.