February 12, 2016

Debtors Throw Away $36,500 and Their Discharges at the Same Time

Judge can’t save debtors from the consequences of their self-inflicted wounds.

11th Circuit, Florida, Florida Middle District

February 10, 2016

Agency Proceedings Give Rise to Judicial Liens Avoidable When Impairing Exemptions

Milwaukee judge pens a debtor-friendly opinion on judicial liens.

7th Circuit, Wisconsin, Wisconsin Eastern District

February 09, 2016

Rare Bible Worth $10,000 Is an Exempt Asset, Seventh Circuit Holds

Seventh Circuit won’t impose limits on exemption for religious articles.

7th Circuit

February 08, 2016

FDCPA Held Applicable to Violations of Discharge Injunction

Debtor-friendly FDCPA opinion gains traction beyond the Second Circuit.

11th Circuit, Florida, Florida Middle District

February 05, 2016

Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings

Debtors notch three wins and lose once in significant consumer cases.

Supreme Court

February 03, 2016

Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold

Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.

9th Circuit

February 02, 2016

Massachusetts Homestead Exemption Focuses on Use, Not Intention

First Circuit BAP goes easy on a consumer debtor’s homestead.

1st Circuit

February 01, 2016

A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable

Perhaps a civil contempt order should sometimes be final in bankruptcy.

9th Circuit, California, California Central District

January 29, 2016

Eighth Circuit Requires Debtors to Disclose Suits Arising after Filing

Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.

8th Circuit

January 28, 2016

Support Obligations for Grandchildren Are Ordinarily Dischargeable

Deficient drafting results in dismissal of dischargeability complaint.

7th Circuit, Illinois, Illinois Northern District