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Courts Split on Allowing a Late Claim if the Creditor Was Not Listed

Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).

Educational Loans from a Private Lender Are Held Dischargeable

Courts are split on whether all educational loans are nondischargeable as an educational benefit.

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

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.

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?