June 01, 2016

Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel

Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.

5th Circuit, Louisiana

May 31, 2016

Recent Decisions Bar Cramdown on Mixed-Use Principal Residences

Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.

3rd Circuit, New Jersey

May 27, 2016

Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs

State law overrides ‘significant policy concerns’ in Supreme Court decision.

3rd Circuit, New Jersey

May 26, 2016

Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA

Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.

11th Circuit

May 23, 2016

Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure

Proving occurrence of rape evidently does not carry a presumption of intent to injure.

10th Circuit, Oklahoma, Oklahoma Western District

May 20, 2016

Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13

Rule 3002(c) has the only permissible grounds for allowing a late claim.

6th Circuit

May 19, 2016

District Court Upholds Procedures for Suspending a Panel Trustee

Panel trustee suspended for unfair, harsh, accusatory examination of debtors.

2nd Circuit, New York, New York Southern District

May 17, 2016

Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability

Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.

Supreme Court

Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue

Showing violation of a federal statute might not itself entitle a consumer to sue.

Supreme Court

May 16, 2016

Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time

Courts split on whether failure to redeem on time is fatal in reorganization.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District