Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
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Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says
Sarbanes-Oxley nails securities fraudsters who file bankruptcy.
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Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
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Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
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Tenth Circuit Examines Three Versions of Appellate Mootness
Good faith finding is required before dismissal of an appeal under Section 363(m).
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Cover Sheet Is No Substitute for Filing a Complaint
Kansas judge strictly enforces rules on filing dischargeability complaints.
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Claim Objections Are Permissible in Chapter 13 After Plan Confirmation
Tulsa judge permits leisurely objections to unsecured claims in chapter 13.
Courts Trending Toward Motion Date to Begin Adequate Protection Payments
Courts employ three dates for commencement of adequate protection payments.
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Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7
Judge ducks ability to reconvert previously converted case to chapter 13.
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