May 13, 2016

Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7

Detroit judge makes auto lease assumption valid without parallel reaffirmation.

6th Circuit, Michigan, Michigan Eastern District

May 09, 2016

District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel

Conversion to chapter 7 bars judicial estoppel on claim arising after filing.

5th Circuit, Texas, Texas Northern District

May 06, 2016

Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans

Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.

5th Circuit

May 05, 2016

District Court Bars Discharge When Student Loans Are Taken Voluntarily

District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.

11th Circuit, Alabama, Alabama Middle District

April 29, 2016

Eighth Circuit Ignores Supreme Court’s Loose Language in Harris

Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.

8th Circuit

Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage

Bar to modification of a home mortgage trumps ability to cure in chapter 13.

4th Circuit

April 28, 2016

Involuntary Servitude Claim Raised in Involuntary Chapter 11

Did Congress make another constitutional mistake in BAPCPA?

9th Circuit, Washington, Washington Western District

April 26, 2016

Courts Split on Standards Justifying Hardship Discharge

‘Catastrophic event’ not required for hardship discharge.

11th Circuit, Alabama, Alabama Northern District

April 25, 2016

Valuation Date Chosen to Avoid ‘Gamesmanship’

Early valuation aids a debtor in stripping off during an up market.

3rd Circuit, Delaware

April 22, 2016

Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate

Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.

6th Circuit, Michigan, Michigan Eastern District