Student Loan Servicer Sanctioned $378,000 for Civil Contempt by New York Judge
Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.
Not All Student Loans Are Nondischargeable, Tenth Circuit Holds
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
Court:
Claims Discharged in Chapter 7 Revive If the Case Is Converted to Chapter 13
Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.
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Parental Support Isn’t Counted on Discharge of Student Loans, Judge Kendig Says
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Bankruptcy Court Alone May Decide Whether a Claim Is Estate Property, BAP Says
Court:
Ninth Circuit Says Assumption Under Section 365(p) Doesn’t Also Require Reaffirmation
Lease assumption is binding even if the debtor doesn’t follow the procedural requirements of Section 365(p).
Court:
Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan
Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.