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ABI Journal

June 27, 2022

A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says

Death is a reason for waiving the requirement for completing a financial management course.

5th Circuit, Texas, Texas Western District

June 23, 2022

Chapter 7 Debtors Have No Appellate Standing to Challenge a Short Sale, BAP Says

BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.

9th Circuit

June 15, 2022

Supreme Court Won’t Rule on Remedies for Overpayments and Violation of Rule 3002.1

The Supreme Court on June 13 declined to hear two bankruptcy cases in the term to begin next October.

Supreme Court

June 02, 2022

Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements

Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.

8th Circuit, Minnesota

May 31, 2022

Supreme Court on Arbitration (Again): Perhaps Bankruptcy Is Exempt from Arbitration?

Cutting back on knee-jerk invocation of arbitration, the Supreme Court says that agreements to arbitrate are no more enforceable than ordinary contracts.

Supreme Court

May 27, 2022

Bankruptcy Didn’t Block Contempt Proceedings in District Court Against a Debtor

In a case headed for the Tenth Circuit, upholding the dignity of the court overcame the automatic stay.

10th Circuit, Utah

May 25, 2022

In Reciprocity States, the Court Must Rule on Contract Issues to Shift Fees, Circuit Says

Even if a dischargeability suit is based on a contract, the winner is not entitled to fee-shifting if the court rules on noncontract issues.

9th Circuit

May 20, 2022

Second Circuit Allows Appellate Attorneys’ Fees for Upholding a Contempt Citation

Finally, a circuit court cites Taggart to help a debtor enforce the discharge injunction.

2nd Circuit

May 19, 2022

Nonjudicial Foreclosure Wipes Out Deficiencies for the FCRA, Ninth Circuit Says

The Ninth Circuit equates nonjudicial foreclosure with bankruptcy discharge in terms of the effect on deficiencies following foreclosure.

9th Circuit

May 18, 2022

Two Circuits Now Give Priority Status to Obamacare’s Individual Mandate Penalty

The Affordable Care Act’s ‘individual mandate’ was a tax measured by income, thus giving the IRS a priority tax claim.

3rd Circuit