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 DistrictJune 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 CircuitJune 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 CourtJune 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, MinnesotaMay 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 CourtMay 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, UtahMay 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 CircuitMay 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 CircuitMay 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 CircuitMay 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