Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
The SBRA can be used to extinguish a creditors’ committee previously appointed in a ‘traditional’ chapter 11 case.
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
Unperformed obligations must be ‘material’ for a contract to be executory.
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
Infatuation negates reliance in alleged fraud between lovers.