November 28, 2017

The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says

Opinion traces the thousand-year history of wedding and engagement rings.

7th Circuit, Illinois, Illinois Northern District

November 27, 2017

Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell

Estate property must be formally abandoned before the power of sale reverts to the debtor.

2nd Circuit, New York, New York Southern District

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 22, 2017

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit

November 21, 2017

“Substantial Contribution” Claim Allowed in Chapter 13

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

6th Circuit, Michigan, Michigan Eastern District

November 20, 2017

Owning a Home Through an LLC Can Preclude a Homestead Exemption

State laws vary on allowing homestead status for a house owned through an LLC.

2nd Circuit, Vermont

November 17, 2017

No Statute of Limitations for Suing on a Trustee’s Surety Bond

Removing and discharging a trustee are not synonymous, Houston judge rules.

5th Circuit, Texas, Texas Southern District

November 16, 2017

Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability

Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.

Supreme Court

November 09, 2017

Paying More on Student Loans Isn’t Unfair Discrimination Automatically

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

4th Circuit, South Carolina

November 06, 2017

Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt

Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.

7th Circuit, Illinois, Illinois Central District