December 4, 2023
Refinancing a consumer loan to obtain a lower interest rate might make an individual debtor eligible for chapter 7.
July 18, 2023
Even under an unfavorable choice of law, a debtor in Connecticut was allowed to enjoy the state’s new $250,000 homestead exemption, even though her debts had accrued before the increase went into effect.
November 4, 2022
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
May 19, 2022
The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.
March 11, 2022
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
December 14, 2021
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
August 13, 2021
Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.
July 6, 2021
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
April 30, 2021
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.