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July 26, 2021

If the complaint was properly plead, a general default judgment might invoke issue preclusion to bar discharge of a debt.

July 23, 2021

The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.

July 20, 2021

No circuit split: The Second Circuit agrees with the Fifth and Tenth Circuits that only a subset of private student loans is automatically nondischargeable.

July 19, 2021

Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.

July 15, 2021

Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.

July 09, 2021

Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.

July 06, 2021

Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.

June 29, 2021

Supreme Court narrows Spokeo by holding that violation of a statute won’t always give rise to standing and the right to sue for damages.

June 25, 2021

Courts are continuing to grapple with bifurcated fee arrangements allowing chapter 7 debtors to pay the entire fee after filing.

June 21, 2021

Local or state bar groups should work up standard-form retainer agreements and disclosures to facilitate bifurcated fee arrangements.