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ABI Journal

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 Circuit

August 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 District

July 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, Maryland

May 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 District

April 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 Circuit

April 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 District

February 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, Montana

January 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 Court

September 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 Circuit

March 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