January 15, 2018

Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

High court to decide whether a false oral statement about one asset results in nondischargeability.

Supreme Court

January 12, 2018

Bankruptcy Courts Cannot Impose Punitive Contempt Sanctions, District Judge Says

Circuits split on power of bankruptcy courts to impose punitive or criminal contempt sanctions.

2nd Circuit, Vermont

January 10, 2018

BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’

Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.

9th Circuit

January 09, 2018

Alabama District Judge Remains Antagonistic Toward Discharging Student Loans

ICRPs are always a factor in discharging student loans.

11th Circuit, Alabama, Alabama Middle District

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope

Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.

Supreme Court

January 04, 2018

Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.

7th Circuit, Illinois, Illinois Northern District

January 03, 2018

Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets

Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.

Supreme Court

December 29, 2017

Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home

Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.

1st Circuit, Massachusetts

December 22, 2017

Chicago Believes that Inaction Doesn’t Violate the Automatic Stay

Windy City plunges into the circuit split on inaction as a violation of the automatic stay.

7th Circuit, Illinois, Illinois Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

11th Circuit, Georgia, Georgia Northern District