May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
April 30, 2021
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
April 1, 2021
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
February 17, 2021
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
September 4, 2020
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
March 6, 2020
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.
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.
January 28, 2020
The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.