January 15, 2019

Supreme Court Tackles Nonjudicial Foreclosure and the FDCPA; Homeowners Might Win

If the FDCPA applies to judicial foreclosure, should it also apply to nonjudicial foreclosure? The Supreme Court will decide.

Supreme Court

January 14, 2019

Supreme Court Decision on Arbitration Has Ominous Implications for Bankruptcy

Bankruptcy needs blanket judicial immunity from the Federal Arbitration Act after the Supreme Court’s Schein decision.

Supreme Court

January 09, 2019

A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7

New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.

2nd Circuit, New York, New York Eastern District

January 07, 2019

Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt

Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.

Supreme Court

January 04, 2019

Wildcard Exemption Covered a Prepetition Malpractice Claim

Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.

6th Circuit, Michigan, Michigan Western District

January 03, 2019

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit, New Mexico

January 02, 2019

An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor

JTWROS ownership confers benefits and disadvantages in bankruptcy, too.

10th Circuit

December 28, 2018

Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation

Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.

9th Circuit

December 26, 2018

Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash

Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.

10th Circuit, Kansas

December 21, 2018

District Court Limits Bankruptcy Judges’ Ability to Enact Local Rules

Local rules may not impose confirmation requirements beyond those contained in the statute.

7th Circuit, Illinois, Illinois Southern District