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.
2nd Circuit
June 16, 2020
Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.
9th Circuit
June 15, 2020
An FDCPA suit raises the question of whether Spokeo will be applied to bankruptcy cases.
D.C. Circuit
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.
5th Circuit
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.
11th Circuit
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.
9th Circuit
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.’
6th Circuit
June 01, 2020
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
10th Circuit, Utah
May 28, 2020
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
1st Circuit
May 22, 2020
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
10th Circuit, Colorado
