Rochelle's Daily Wire

Ninth Circuit BAP doesn’t require a formal motion to dismiss with prejudice when a debtor files a voluntary motion to dismiss as of right under Section 1307(b).

Tenth Circuit splits with the Third and Seventh Circuits on allowing a debtor to cure defaults after a five-year plan has ended.

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.

Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.

Although the arbitrator didn’t explicitly find willful and malicious injury, the nature of a successful claim for sexual discrimination supplied the required findings for nondischargeability.

The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.

Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.

First Circuit BAP explains what lien avoidance does and doesn’t do.

Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.