January 3, 2020
A contempt hearing fell under the ‘criminal’ exception to the automatic stay, but jailing a debtor to coerce payment of a prepetition debt violated the stay, Judge Grossman ruled.
January 2, 2020
A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.
November 19, 2019
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
9th Circuit , Oregon ,
November 6, 2019
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 4, 2019
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
November 1, 2019
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.
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
October 9, 2019
Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.