August 23, 2023
The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
August 22, 2023
Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.
August 21, 2023
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.
August 14, 2023
Two judges in Georgia say that personal property is not exempt even if the purchase was traceable to Social Security benefits.
August 8, 2023
The Second Circuit split with the First Circuit, which had permitted nationwide class actions because the discharge injunction is statutory.
August 2, 2023
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.
July 26, 2023
Rather than invoking the best interests and disposable income tests for plan confirmation, the Eleventh Circuit may have departed from the statute by ruling that the ‘ability to pay’ gives postpetition tort claims to creditors in chapter 13.
July 21, 2023
Wellness International may have undercut prior Second Circuit authority giving pro se litigants a loophole for arguing there was no implied consent to final adjudication by an Article I judge.
July 20, 2023
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
July 19, 2023
A trustee’s commissions can’t be based on a percentage of disbursements to the trustee’s own counsel, so says a New Jersey district judge.