A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.