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.
January 15, 2020
A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”
January 9, 2020
A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans.
January 3, 2020
A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.
November 25, 2019
Someone forced into bankruptcy on account of medical bills will also be forced into chapter 13.