consumer Cases
June 29, 2022
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
June 27, 2022
Death is a reason for waiving the requirement for completing a financial management course.
June 23, 2022
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
June 15, 2022
The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.
June 2, 2022
8th Circuit , Minnesota ,
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
May 31, 2022
Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.
May 27, 2022
10th Circuit , Utah ,
In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.
May 25, 2022
Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.
May 20, 2022
Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.
May 19, 2022
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.