Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
Lack of authority on point is no defense to a willful violation of the automatic stay, according to the Third Circuit.