A district judge, who had been a bankruptcy and BAP judge, narrowly interpreted 28 U.S.C. § 1412 as being inapplicable to pending suits only “related to” the bankruptcy.
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
Taking sides with the minority on a split, bankruptcy judges in Kansas allow chapter 13 debtors to retain windfalls acquired after filing.
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
When it comes to attachment and perfection of a security interest, the devil is in the details.
Courts disagree on whether a trustee may recover proceeds of a fraudulent transfer from a later transferee, not only the fraudulently transferred property itself.
Finding ‘undue hardship’ held not to require discharging all student loan debt.