December 14, 2021
Ninth Circuit Takes a Hard Line on What’s an Equivalent Tax Return for Dischargeability
Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.
9th CircuitAugust 13, 2021
In ‘Chapter 20,’ Discharged Mortgage Claim Resurrects as Unsecured, EDNY Judge Says
Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.
2nd Circuit, New York, New York Eastern DistrictJuly 06, 2021
Maryland Decision Shows the Hardship Imposed on Debtors by Student Loans
Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.
4th Circuit, MarylandMay 12, 2021
Brooklyn Decision Shows Why Litigation Finance Is Risky if the Plaintiff Files Bankruptcy
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
2nd Circuit, New York, New York Eastern DistrictApril 30, 2021
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
11th CircuitApril 01, 2021
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
7th Circuit, Wisconsin, Wisconsin Western DistrictFebruary 17, 2021
An Individual Can’t Assume a Lease by Reaffirming the Debt
A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.
9th Circuit, MontanaJanuary 14, 2021
Supreme Court Holds that Merely Holding Property Isn’t a Stay Violation
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Supreme CourtSeptember 04, 2020
Not All Student Loans Are Nondischargeable, Tenth Circuit Holds
Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).
10th CircuitMarch 20, 2020
Two Circuits Hold that a Debt Buyer Can Be a ‘Debt Collector’ Under the FDCPA
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
9th Circuit