consumer Cases
October 8, 2020
On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.
October 5, 2020
10th Circuit , Colorado ,
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
October 2, 2020
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
October 1, 2020
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
September 30, 2020
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.
September 28, 2020
Compassion and intellect mark the bankruptcy opinions and dissents by the late Justice Ruth Bader Ginsburg.
September 22, 2020
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
September 17, 2020
Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.
September 10, 2020
Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.
September 8, 2020
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?