Barton Doctrine Didn’t Protect a Special Master from a Preference Suit
Judge Brown of Denver elucidates a third exception to the Barton doctrine barring suits against court-appointed officials.
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Courts Split on Allowing a Late Claim if the Creditor Was Not Listed
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
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Educational Loans from a Private Lender Are Held Dischargeable
Courts are split on whether all educational loans are nondischargeable as an educational benefit.
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Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
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Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
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Student Loans to Advance a Career Are Classified as Non-Consumer
Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.
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All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit
Ability to pay is one factor in imposing sanctions for misconduct.
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Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)
Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?
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