Consumer Bankruptcy

Government Bar Date Applies to DOE Loans Even When the Servicer Is Private

As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.
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Assets Purchased with Exempt Social Security Benefits Are Not Themselves Exempt

Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.

Second Circuit Nixes Nationwide Class Actions for Discharge Violations

The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.
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Circuits Are Now Split on Who Gets Appreciation in a Home When a ‘13’ Converts to ‘7’

Splitting with the Tenth Circuit, the Ninth Circuit holds that chapter 13 debtors lose post-petition appreciation in a home if the case converts to chapter 7.
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