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January 10, 2020

A nonprecedential opinion applies Fifth Circuit authority to achieve a result that’s equitable for the debtor and creditors, and maybe also for a personal injury defendant.

January 09, 2020

A debtor with a law degree but only $37,500 in gross annual income was permitted to discharge more than $220,000 in student loans.

January 02, 2020

A PACA trust lacks the hallmarks of a trust, so a failure to pay a produce supplier doesn’t give rise to a nondischargeable debt for defalcation while acting in a fiduciary capacity, Judge Goldgar says.

December 20, 2019

Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.

December 19, 2019

Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.

December 18, 2019

Pleas to injustice and unfairness failed to persuade the Seventh Circuit to depart from a state law exemption for wages.

December 17, 2019

A divided Rhode Island Supreme Court ruled that an inherited IRA, not exempt under federal law, is exempt under state law.

December 12, 2019

Disagreeing with a decision by the First Circuit last December, the Fifth Circuit rules that the ‘plain language’ in Section 362(c)(3)(A) does not terminate the automatic stay as to estate property 30 days after the second filing within one year.

December 10, 2019

The ‘fraud-specific discovery rule’ might permit FDCPA suits filed more than one year after the occurrence that gives rise to the claim.

December 09, 2019

New York intermediate appellate courts are split on critical questions about the ‘start date’ for the statute of limitations on mortgage foreclosure.