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June 15, 2018
Notice Can Be Ok if Given to Attorney Who Represented Creditor Four Years Earlier
Fraudulent intent can’t be inferred from failure to disclose assets that became worthless before bankruptcy, Tenth Circuit says.
10th Circuit
June 11, 2018
Serial Bankruptcy Filings Can Result in a Conviction for Bankruptcy Fraud
Although the debtor only intended to halt eviction, the Seventh Circuit enhanced the sentence to reflect the claims of all creditors.
7th Circuit
June 06, 2018
Buying Just Enough Unsecured Claims to Defeat Confirmation Is Ok, Ninth Circuit Says
To warrant ‘designation,’ a claim purchaser must have an ‘ulterior motive’ beyond self-interest.
9th Circuit
June 04, 2018
Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry
Section 502(b)(4) shields debtors from overreaching lawyers in a new context.
2nd Circuit
,
New York
,
New York Eastern District
May 14, 2018
Debtors Beware: Disputing Facts Without a Sound Basis Can Have Tragic Results
Testimony that’s not credible can be a ‘false oath’ leading to a denial of discharge.
11th Circuit
May 11, 2018
Ninth and Fourth Circuits Issue Important Rulings on Sanctions and Exemptions
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
4th Circuit
May 08, 2018
Bankruptcy Judge Predicts Circuit Split on Substantive Consolidation with Nondebtors
Seventh Circuit is averse to creating remedies under Section 105, Bankruptcy Judge Hollis says.
7th Circuit
,
Illinois
,
Illinois Northern District
May 03, 2018
Discharge Revoked for Failure to Obey an Order Pending Appeal
To avoid having a discharge revoked, a debtor must either comply with the order or obtain a stay pending appeal.
9th Circuit
,
Idaho
April 27, 2018
Bankruptcy Court Has Constitutional Power to Sanction, Eighth Circuit Rules
Bankruptcy courts have constitutional power to sanction for actions occurring during administration of a bankruptcy case.
8th Circuit
April 25, 2018
Violation of Discharge Is Now Difficult to Prove in the Ninth Circuit
An unreasonable but good faith, subjective belief that there is no injunction bars a finding of contempt in the Ninth Circuit.
9th Circuit
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