Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.
Arbitration Agreement Cannot Include Waiver of Dischargeability
On dischargeability, post-filing waivers work, but pre-filing ones don’t.
February 2016 Commercial Bankruptcy Filings Climb 32 Percent over Last Year, Ch.11 Filings Up 31 Percent
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Student Loans Incurred for a New Profession Are Consumer Debts
Non-consumer debts must be related to an existing business or current job.
Courts Split on Whether Surrender Entails Waiver of Defenses to Foreclosure
Gutsy Judge Laurel Isicoff disagrees with district and bankruptcy judges in her district.
Surrendering Property Precludes a Debtor from Opposing Foreclosure
Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.
Supreme Court Argument Pits Notions of Equity Against Statutory Construction
Ghost of Justice Scalia haunts the high court in a statutory construction case.
Court:
Fitch: U.S. Personal Bankruptcies Set for Sixth Straight Drop
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Estate Planning Does Not Blow Away a Generous State Homestead Exemption
Appellate panel rides to the rescue and saves a couple about to lose their home.
Court: