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May 12, 2017

Courts Split on Arbitration over Dischargeability of Student Loans

Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.

May 11, 2017

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

2nd Circuit ,

May 10, 2017

Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations

Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.

9th Circuit , Idaho ,

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.

5th Circuit ,

May 9, 2017

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

3rd Circuit ,

May 8, 2017

Trustees Don’t Get a Second Bite at the Abandonment Apple

The debtor, not the trustee, can profit from a secured creditor’s mistakes.

6th Circuit , Ohio , Ohio Southern District ,

May 5, 2017

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

9th Circuit ,

May 4, 2017

Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts

District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.

8th Circuit , Iowa , Iowa Northern District ,

May 3, 2017

Circuit Says a Perfected Assignment of Rents Takes Property Out of the Estate

Michigan law enables a lender to short circuit an attempted reorganization.

6th Circuit ,

May 2, 2017

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

3rd Circuit , Delaware ,