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ABI Journal

July 25, 2018

Dismissing a Bankruptcy Won’t Fend Off Invocation of Judicial Estoppel

Eleventh Circuit holds that dismissing bankruptcy comes too late if claims weren’t disclosed.

11th Circuit

July 24, 2018

Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine

Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.

6th Circuit

July 17, 2018

Heightened Pleading Requirements Kick In on Nondischargeability for Fraud, Circuit Says

Merely pleading a false statement under oath won’t beat a motion to dismiss for failure to state a claim, Fifth Circuit says.

5th Circuit

July 13, 2018

Prejudgment Interest at the Higher State Rate Can Be Ok on Nondischargeability

A nondischargeability judgment under Section 523 doesn’t require prejudgment interest at the lower federal rate.

9th Circuit

July 12, 2018

Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit

Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).

9th Circuit

July 03, 2018

Payments Under the NFL’s Brain Injury Settlement Are Exempt, Florida Judge Rules

Compensation for brain injury is a disability payment, not payment on a tort claim.

11th Circuit, Florida, Florida Southern District

June 28, 2018

A Destitute Debtor Succeeds in Discharging Student Loans

Holding two advanced degrees didn’t bar the discharge of student loans.

8th Circuit, Iowa

June 26, 2018

Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation

Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.

9th Circuit, Arizona

June 25, 2018

Bankruptcy Court’s Contempt Power Includes Incarceration for More Than Three Years

Ninth Circuit gives short shrift to a man who continues defying an order to turn over $1.4 million of estate property.

9th Circuit

June 22, 2018

Colleges Beat Back Another Fraudulent Transfer Suit Aimed at Tuition Payments

Federal student loan proceeds were never the parents’ property and thus could not be recovered by a trustee.

2nd Circuit, Connecticut