Consumer Bankruptcy

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.
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First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.
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Unpaid Condominium Fees Cannot Be Stripped Off in New Jersey

Condos in New Jersey get better protection from the court than from the state legislature.

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

Justice Scalia and Bankruptcy: ‘Originalism’ Can Sometimes Uphold ‘Stupid Laws’

Scalia consistently employed a judicial philosophy calling for courts to interpret statutes based on their common meaning.

Failed Lawyer Discharges $264,000 in Student Loan Debt

Advanced degrees for once were no bar to discharging student loans.