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 3, 2020
Language in the documents prevented trusts from dissolving automatically when the trustee missed a deadline for extending the duration of the trusts, Judge Isgur said.
September 2, 2020
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
September 2, 2020
The power to order disgorgement of fees arose under Section 105(a), not from Sections 330 or 331.
September 1, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 31, 2020
Pragmatic opinion by Circuit Judge Ambro allows cramdown to achieve ‘rough justice.’
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.