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June 26, 2020

Is Taggart just a defense that can be waived, or must a debtor plead and prove ‘no objectively reasonable basis’ in a motion for contempt of discharge?

June 25, 2020

The Ninth Circuit allows chapter 13 debtors on their own to accelerate payments to creditors and secure their discharges more quickly without modifying their plans.

June 24, 2020

Eventually, the Supreme Court will decide whether bankruptcy is a unique exception to the general rule that arbitration agreements are rigorously enforced.

June 19, 2020

Second Circuit says that later Supreme Court authority did not undermine the appeals court’s prior decision that creditors cannot compel arbitration of discharge violations.

June 16, 2020

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

June 15, 2020

An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.

June 12, 2020

Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.

June 08, 2020

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

June 04, 2020

A claim must be disallowed based on the invalidity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit ruled in upholding the BAP.

June 03, 2020

Sixth Circuit is the first court of appeals to take sides on a lower court split and opine that continuing to make voluntary contributions to retirement plans is excluded from ‘disposable income.’