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 6, 2019
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
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 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
October 9, 2019
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.
October 3, 2019
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
October 2, 2019
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.