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ABI Journal

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

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