March 22, 2018

Court May Depart from the Code When the Debtor Consents and No One Objects

Unique facts were again the basis for a result seemingly at odds with the statute.

2nd Circuit, New York, New York Northern District

March 19, 2018

Tennessee Judge Rules Back Child Support Is Not Estate Property

Courts are split on whether child support arrears are estate property.

6th Circuit, Tennessee, Tennessee Eastern District

March 14, 2018

Challenging Student Loans Permissible Six Years after Discharge

Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.

10th Circuit, New Mexico

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

March 12, 2018

Fifth Circuit Expands Hawk to Permit Sale of a Home After a Chapter 7 Filing

Selling a home after filing chapter 7 does not destroy the homestead exemption.

5th Circuit

March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit

March 08, 2018

Courts Split on Denying a Chapter 13 Discharge for Failure to Make Direct Payments

Illinois judge interprets Rule 3002.1 as being ‘debtor-friendly,’ not as creating new grounds for denial of a chapter 13 discharge.

7th Circuit, Illinois, Illinois Central District

March 06, 2018

Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement

The parties’ wishes are insufficient to justify sealing.

6th Circuit, Kentucky, Kentucky Eastern District

March 02, 2018

Interim Fee Awards in Chapter 13 Are OK Before Conversion

District judge changes local practice in the bankruptcy court on interim awards in chapter 13.

5th Circuit, Louisiana, Louisiana Western District

March 01, 2018

Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing

Debtors aren’t required to turn over tax returns that don’t exist.

11th Circuit, Georgia, Georgia Northern District