December 20, 2018
Divorcing While Bankrupt Lays Traps for the Unwary
Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.
10th Circuit, UtahDecember 19, 2018
Tuition Payments for Adult Children Squarely Held to Be Constructively Fraudulent
New York judge allows insolvent parents to pay for a minor child’s expensive education.
2nd Circuit, New York, New York Southern DistrictDecember 14, 2018
First Circuit Terminates the Stay Entirely as to Repeat Filers
In the first opinion at the circuit level, the First Circuit latches onto the lousy drafting of Section 362(c)(3)(A) to end the automatic stay entirely, 30 days after the second filing within a year.
1st CircuitDecember 13, 2018
Direct Mortgage Payments Are Not ‘Provided For’ in a Plan, Eleventh Circuit Holds
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
11th CircuitDecember 11, 2018
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
10th CircuitDecember 06, 2018
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Pet insurance and proceeds are exempt, even above the value of the pet.
9th Circuit, ArizonaDecember 05, 2018
Unprotected Sex Results in a $250,000 Nondischargeable Debt
Lying about herpes resulted in a nondischargeable debt for fraud and battery.
December 03, 2018
Tuition Payments by Insolvent Parents (Likely) Constitute Fraudulent Transfers
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
2nd Circuit, New York, New York Eastern DistrictNovember 29, 2018
Appreciation in a Home Is Exempt in California, But Not in Washington, Circuit Says
Vigorous dissent argues that the majority misread Ninth Circuit precedent in barring a debtor from exempting post-petition appreciation in a homestead.
9th CircuitNovember 27, 2018
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
7th Circuit, Indiana, Indiana Southern District