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 CircuitJuly 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 CircuitJuly 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 CircuitJuly 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 CircuitJuly 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 CircuitJuly 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 DistrictJune 28, 2018
A Destitute Debtor Succeeds in Discharging Student Loans
Holding two advanced degrees didn’t bar the discharge of student loans.
8th Circuit, IowaJune 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, ArizonaJune 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 CircuitJune 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