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August 13, 2021

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.

July 06, 2021

Judge Harner does the best she can to ease the burden imposed on a debtor by student loans.

May 12, 2021

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.

April 30, 2021

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.

April 01, 2021

Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”

February 17, 2021

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.

January 14, 2021

Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.

September 04, 2020

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).

March 20, 2020

Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.

March 06, 2020

Unemployed for 16 months, surviving on food stamps, and living rent-free enabled a debtor to discharge student loans.