Courts are split on whether all educational loans are nondischargeable as an educational benefit.
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.
Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.