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Rochelle's Daily Wire

February 24, 2020

Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.

February 20, 2020

Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.

February 14, 2020

Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.

February 12, 2020

Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?

February 11, 2020

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

February 7, 2020

First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.

February 6, 2020

Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.

February 5, 2020

First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.

February 3, 2020

Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.

January 30, 2020

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.