October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
October 8, 2021
The circuits are now split 2/2 on whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because the increase didn’t apply immediately in bankruptcy administrator districts.
October 7, 2021
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
October 6, 2021
Counsel sanctioned $10,000 for making allegations about an intentional or malicious stay violation without having performed an investigation to justify the claims.
October 5, 2021
An irrevocable surety bond isn’t executory because it gives the bonding company no further obligations to the debtor.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
October 1, 2021
There can be no question about whether the beneficiary of a surety bond has been ‘paid in full’ before the surety has subrogation rights.
September 30, 2021
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.
September 29, 2021
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
September 28, 2021
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.