An Undersecured Lender Can Indirectly Waive the Right to an 1111(b) Election
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says.
Large Medical Bills Held Not to Be ‘Consumer’ Debts
Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.
Another Judge Clamps Down on Third-Party Releases in a Major Reorganization
Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says.
FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA.
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds
Although not required to file claims, secured creditors must comply with the deadline if they do.