Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
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Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
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Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
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Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable.
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Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
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Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.
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Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
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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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Kansas Judge Endorses Fee-Only Chapter 13 Plans
Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.
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Discrimination in Favor of Student Loans Makes Plan Fatally Defective
Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.
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