July 01, 2019
The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.
9th Circuit
June 27, 2019
Judge Olson refers a lawyer for civil and criminal investigations after uncovering dozens of unauthorized filings.
June 21, 2019
Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.
7th Circuit
June 18, 2019
Overruling its own precedent, the Seventh Circuit dismissed an appeal when the appellant had not filed a motion in the appeals court for permission to undertake a direct appeal, even though the bankruptcy court had certified the question to the circuit.
7th Circuit
June 17, 2019
Idaho’s Judge Myers rules that an order directing specific performance is not a transfer and cannot be a preference.
9th Circuit, Montana
June 07, 2019
BAP says the Tenth Circuit adopts legal fictions to create preferences.
10th Circuit
June 04, 2019
Fifth Circuit generally holds that heightened pleading standards in Rule 9(b) do not apply to claims that don’t rely on fraudulent activity, even though the overall scheme may be fraudulent.
5th Circuit
