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Rochelle's Daily Wire

June 19, 2020

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

June 16, 2020

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

June 15, 2020

An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.

June 12, 2020

Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.

June 8, 2020

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

June 4, 2020

A claim must be disallowed based on the invalidity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit ruled in upholding the BAP.

June 3, 2020

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’

June 1, 2020

Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.

May 28, 2020

The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.

May 22, 2020

Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.