Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7
May 13, 2016
6th Circuit , Michigan , Michigan Eastern District ,
Detroit judge makes auto lease assumption valid without parallel reaffirmation.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
May 9, 2016
5th Circuit , Texas , Texas Northern District ,
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
May 5, 2016
11th Circuit , Alabama , Alabama Middle District ,
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
Bankruptcy-Specific State Law on Interest Rates Struck Down on Appeal
May 2, 2016
6th Circuit ,
Sixth Circuit BAP opens up a can of worms on state bankruptcy laws.
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
April 29, 2016
8th Circuit ,
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
April 29, 2016
4th Circuit ,
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
Involuntary Servitude Claim Raised in Involuntary Chapter 11
April 28, 2016
9th Circuit , Washington , Washington Western District ,
Did Congress make another constitutional mistake in BAPCPA?
Courts Split on Standards Justifying Hardship Discharge
April 26, 2016
11th Circuit , Alabama , Alabama Northern District ,
‘Catastrophic event’ not required for hardship discharge.
Valuation Date Chosen to Avoid ‘Gamesmanship’
April 25, 2016
3rd Circuit , Delaware ,
Early valuation aids a debtor in stripping off during an up market.
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
April 22, 2016
6th Circuit , Michigan , Michigan Eastern District ,
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

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