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September 05, 2018

Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans
Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.
7th Circuit, Illinois, Illinois Northern District

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
5th Circuit, Texas, Texas Western District

August 24, 2018

Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
7th Circuit

August 22, 2018

Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th Circuit

August 21, 2018

Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)
The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.
10th Circuit

August 17, 2018

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers
Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
3rd Circuit

August 15, 2018

Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation
Venue in the bankruptcy court is ok for suits brought under a liquidating plan.
2nd Circuit, New York, New York Southern District

August 13, 2018

Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11
Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.
9th Circuit

August 08, 2018

Personal Liability for a PACA Trust Is Dischargeable, Judge Mark Says
Courts are split on whether personal liability to produce suppliers results in a nondischargeable debt under Section 523(a)(4).
11th Circuit, Florida, Florida Southern District

August 06, 2018

Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
1st Circuit, Massachusetts