January 05, 2016

Discrimination in Favor of Student Loans Makes Plan Fatally Defective

Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says.

10th Circuit, Kansas

December 16, 2015

Vacation in New Orleans Is Grounds for Removing a Trustee for Cause

Fifth Circuit punts on case setting the standard for removal of a trustee for “cause.”

5th Circuit

Personal Guaranty Unimpaired by Company’s Chapter 11 Plan

Tenth Circuit bars crafty evasion of a personal guaranty.

10th Circuit

December 15, 2015

Surrendering Property Precludes a Debtor from Opposing Foreclosure

Florida judge closes loophole on a debtor’s duty to “perform his intention” regarding surrender.

11th Circuit, Florida, Florida Southern District

Using Untrained Personnel Is No Defense Against Willful Stay Violation

Simple mistake mushrooms into $50,000 in punitive damages for stay violation.

11th Circuit, Alabama, Alabama Middle District