June 04, 2018

Bankruptcy Judge Regulates the Unregulated Debt-Reduction Service Industry

Section 502(b)(4) shields debtors from overreaching lawyers in a new context.

2nd Circuit, New York, New York Eastern District

June 04, 2018

A False Statement About One Asset Isn’t Grounds for Nondischargeability, Supreme Court Rules

High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

Supreme Court

June 01, 2018

District Court Allows 401(k) Contributions in Chapter 13 Up to the IRS Limits

Lower courts split three ways on 401(k) contributions and the calculation of disposable income in chapter 13.

5th Circuit, Louisiana, Louisiana Western District

May 31, 2018

Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’

Fraudsters get no sympathy from the Sixth Circuit on dischargeability.

6th Circuit

May 30, 2018

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit, Florida, Florida Middle District

May 29, 2018

Fourth Circuit Holds Local Rule Invalid for Dispensing with a Hearing

Fourth Circuit again shows itself to be a debtor-friendly venue.

4th Circuit

May 23, 2018

Parties to a Civil Union Held Eligible to File a Joint Petition

Chicago judge takes stand for the equality of same-sex couples.

7th Circuit, Illinois, Illinois Northern District

May 22, 2018

Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property

District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.

11th Circuit, Georgia, Georgia Northern District

May 18, 2018

Expense Reimbursements Are Included in Calculating Current Monthly Income

Income is included in calculating CMI, even if it’s not ‘stable and regular.’

1st Circuit, Massachusetts

May 16, 2018

‘Exhaustion’ Required Before Nailing the IRS for Discharge Violation Damages

‘Exhaustion’ is not required before compelling the IRS to return funds taken in violation of discharge.

11th Circuit, Florida, Florida Southern District