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March 03, 2020

Courts are split on whether a personal guaranty survives bankruptcy.

March 02, 2020

The Ninth Circuit BAP closed a loophole that would have allowed a recipient of public assistance benefits to discharge a debt for overpayment.

February 28, 2020

Trustees in chapter 12 fare better than chapter 13 trustees if a case is dismissed before confirmation.

February 27, 2020

Taggart allows a court to deny a contempt motion without deciding whether the creditor’s action actually violated the discharge injunction.

February 24, 2020

Bankruptcy judge finds no statutory power for a chapter 13 trustee to prosecute a lawsuit that the debtor was judicially estopped for pursuing.

February 20, 2020

Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7.

February 14, 2020

Eighth Circuit may have rejected blanket disallowance of exemptions for retirement accounts transferred in divorce.

February 12, 2020

Since Congress has made student loans virtually nondischargeable, why can’t a chapter 13 plan discriminate in favor of paying more toward student loans?

February 11, 2020

Almost $35,000 in actual and punitive damages was imposed on a judgment creditor and its collection law firm for failing to vacate a garnishment following notice of bankruptcy and discharge.

February 07, 2020

First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.