Displaying with Topic Consumer Bankruptcy

A debtor’s assertion of estate claims implicates ‘real party in interest,’ not Article III standing, circuit court says.

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.

An Alabama case shows how Taggart heightened the pleading standards for a complaint alleging a violation of the discharge injunction.

Judge Collins discharges all but $23,900 among nine student loans totaling $154,000.

To be nondischargeable, a stipulated judgment must lay out facts showing the debt was incurred by false representation or actual fraud.

Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.