Consumer Bankruptcy

Securities Fraud Judgment Is Automatically Nondischargeable, Circuit Says

Tenth Circuit slams securities fraudsters already nailed with default judgments.
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How the Bankruptcy Code Determines the Winner of a Bar Fight

Getting punched out in a bar fight might not result in a nondischargeable debt.
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New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

Guardian’s Fees Not Discharged in Father’s Bankruptcy

Indiana judge parts company with other courts in helping out a guardian ad litem.

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.
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Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation

Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.
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Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.
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11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.
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Kansas Judge Endorses Fee-Only Chapter 13 Plans

Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front.

Another Lower Court Nixes an FDCPA Claim Based on a Time-Barred Debt

Chicago bankruptcy judge opines on how the circuit should rule on the FDCPA.