February 08, 2018

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

11th Circuit

February 06, 2018

Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner

Congress created a loophole in the hanging paragraph in Section 1325(a).

4th Circuit, West Virginia, West Virginia Northern District

February 05, 2018

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

10th Circuit, Colorado

February 02, 2018

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

7th Circuit

February 01, 2018

Another Example: Student Loans Are Virtually Impossible to Discharge

District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

January 29, 2018

On the Means Test, a Single Debtor Can Take Deductions for Two Cars

New York judge rules that the IRS Handbook is not controlling on auto expenses for the means test.

January 26, 2018

Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says

Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.

9th Circuit, California, California Eastern District

January 23, 2018

Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’

California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.

9th Circuit, California, California Eastern District

January 22, 2018

BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms

Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.

9th Circuit

January 19, 2018

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

5th Circuit