August 31, 2018
Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
7th Circuit, Illinois, Illinois Southern DistrictAugust 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 DistrictJuly 25, 2018
Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel
Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.
11th CircuitJune 29, 2018
Second Circuit Protects a Madoff Conspirator Who Already Paid $7.2 Billion
Clever pleading failed to evade an anti-suit injunction entered as part of a settlement.
2nd CircuitJune 25, 2018
Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years
Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.
9th CircuitJune 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 CircuitJune 13, 2018
Bankruptcy Courts May Issue ‘Consent Directives,’ Ninth Circuit BAP Says
BAP equates discovery powers of bankruptcy courts with district courts and federal agencies.
9th CircuitJune 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 CircuitMay 30, 2018
Supreme Court Again Refuses to Define a ‘Transfer’ or an ‘Initial Transferee’
Circuit splits persist because the Supreme Court ducks fraudulent transfer cases.
Supreme CourtMay 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