consumer Cases
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).
September 2, 2020
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
August 31, 2020
Below median debtors are no longer required to turn over tax refunds in excess of $2,000.
August 28, 2020
Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.
August 27, 2020
Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.
August 26, 2020
Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.
August 25, 2020
When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.
August 24, 2020
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
August 21, 2020
Although Social Security benefits are not subject to the “operation of any bankruptcy or insolvency law,” judge says they can be considered in deciding whether someone should be allowed to confirm a chapter 13 plan or have a chapter 7 case dismissed for ‘abuse.’
August 18, 2020
Anything less than full disgorgement must be supported by ‘sound reasons’ and ‘solid evidence,’ the Tenth Circuit says.