March 06, 2020
Must a Debtor Be Destitute Before Discharging Student Loans?
Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.
7th Circuit, Illinois, Illinois Northern DistrictMarch 05, 2020
Fifth Circuit Opinion Shows How Not to Represent a Creditor at Confirmation
Sovereign immunity won’t prevent the bankruptcy court from extinguishing a state’s easement over a debtor’s property.
5th CircuitMarch 04, 2020
Judge Kahn Finds No Constitutional Infirmities in Applying the SBRA Retroactively
Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.
4th Circuit, North Carolina, North Carolina Middle DistrictMarch 03, 2020
Bankruptcy Discharge Cuts Off Future Liability on a Guaranty
Courts are split on whether a personal guaranty survives bankruptcy.
6th CircuitMarch 03, 2020
District Court Strictly Enforces ‘Adequate Assurance’ Standards for Shopping Centers
District court reverses and bars Sears from assigning Mall of America lease.
2nd Circuit, New York, New York Southern DistrictMarch 02, 2020
Silence in the Face of a Duty to Disclose Is Not a ‘Statement,’ 9th Cir. BAP Holds
The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.
9th CircuitFebruary 28, 2020
No Fees for a Chapter 13 Trustee in a Case Dismissed Before Confirmation
Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.
9th Circuit, IdahoFebruary 27, 2020
Eleventh Circuit Opinion Shows Taggart’s Effect on Discharge Contempt Disputes
Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.
11th CircuitFebruary 26, 2020
Supreme Court Bans Nunc Pro Tunc Orders
Despite the high court’s ban on nunc pro tunc orders, may bankruptcy courts make their orders retroactive?
Supreme CourtFebruary 25, 2020
First Opinion on the SBRA Permits Conversion of an Existing Chapter 11 Case
Bankruptcy Judge Scott Clarkson of Santa Ana, Calif., issued the first reported decision on the new small business reorganization law that became effective on February 19.
9th Circuit, California, California Central District