Rochelle's Daily Wire

ABI Exclusive

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.

November 19, 2019

A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.

November 5, 2019

An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.

November 4, 2019

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

November 1, 2019

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

October 28, 2019

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

October 24, 2019

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.

October 11, 2019

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.