Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
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To Establish Record Dates, the Plan Applies, Not Securities Regulations
Established practice governing distributions is upheld in Delaware district court.
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Third Circuit Harmonizes Law v. Siegel with Marrama
Marrama permits relief that’s not explicitly prohibited by the Code, even if policies shown in the statute suggest otherwise.
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Third Circuit Permits Last Chapter 13 Plan Payment Beyond 60 Months
Two circuits allow discretion for non-culpable debtor to make payment after five years.
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Narrow Arbitration Clause Loses the Presumption of Arbitrability
Bankruptcy judge to interpret the contract before arbitrators calculate the result.
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Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
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Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware
Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.
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Written Motions to Adjourn Foreclosure Do Not Violate the Stay, Circuit Says
Causing a debtor to incur cost isn’t necessarily a stay violation in the Third Circuit.
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Willful Stay Violation Can Justify Damages for Emotional Distress, Third Circuit Says
For an ‘egregious’ stay violation, medical evidence of emotional distress is not required.
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