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Home
October 30, 2018
Circuits Split on Trustee’s Ability to Extend the Dischargeability Deadline
A motion extending the dischargeability deadline does not require personal service on the debtor, Chicago judge rules.
7th Circuit
,
Illinois
,
Illinois Northern District
October 25, 2018
Section 108(c) Tolls the Expiration of a Lien, Ninth Circuit Holds over a Dissent
Expiration of a lien is tolled anytime the automatic stay precludes enforcement of a judgment.
October 24, 2018
Supreme Court Update: Two Bankruptcy Cases in the Running for ‘Cert’
Circuit splits over trademarks and the automatic stay are contenders for resolution in the Supreme Court.
Supreme Court
October 22, 2018
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere.
6th Circuit
,
Ohio
,
Ohio Southern District
October 19, 2018
BAP Holds that an IRA from a Marital Property Settlement Is Not Exempt
BAP expands Clark v. Rameker to cover IRAs transferred in a divorce proceeding.
8th Circuit
October 18, 2018
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.
10th Circuit
October 15, 2018
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
1st Circuit
,
New Hampshire
October 12, 2018
Educational Loans from a Private Lender Are Held Dischargeable
Courts are split on whether all educational loans are nondischargeable as an educational benefit.
10th Circuit
,
Colorado
October 11, 2018
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances?
6th Circuit
,
Ohio
,
Ohio Northern District
October 04, 2018
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans.
10th Circuit
,
Kansas
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