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ABI Journal

July 16, 2020

Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans

Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?

4th Circuit, North Carolina, North Carolina Eastern District

July 10, 2020

Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection

In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.

8th Circuit

July 09, 2020

Seventh Circuit Requires Court Findings for a Plan Provision the Code Allows

The Seventh Circuit opinion raises the question of whether (or when) a court may restrict the use of a provision in a chapter 13 plan that Section 1322(b) permits.

7th Circuit

July 08, 2020

Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.

9th Circuit

July 02, 2020

The Automatic Termination of the Automatic Stay: Not Ready for Prime Time

The Supreme Court declined to decide whether the automatic stay terminates automatically after a repeat filing as to all property or only property of the debtor.

Supreme Court

July 01, 2020

The Ninth Circuit and the BAP Draw Opposite Conclusions from the Same Testimony

For the circuit court, scant evidence is enough to uphold the trial court’s findings of fact.

9th Circuit

June 30, 2020

Saving a Failing Company Doesn’t Entail ‘Defalcation’ Regarding Union Obligations

A properly drafted union contract still failed to leave a company officer with a nondischargeable debt for failing to make employer contributions to a union welfare fund.

2nd Circuit, New York, New York Eastern District

June 26, 2020

No Contempt for the IRS on Discharge Without Exhaustion of Administrative Remedies

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?

2nd Circuit, New York, New York Southern District

June 25, 2020

Reversing the BAP, Ninth Circuit Allows Chapter 13 Plans with Estimated Durations

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.

9th Circuit

June 24, 2020

Appeal Heads Toward the Fourth Circuit on Arbitration of Discharge Violations

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

4th Circuit, South Carolina