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 CircuitFebruary 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 DistrictJanuary 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 DistrictJanuary 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 DistrictJanuary 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 CircuitJanuary 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 CircuitJanuary 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 CourtJanuary 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, VermontJanuary 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