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October 28, 2019

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

October 24, 2019

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.

October 11, 2019

Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.

October 02, 2019

Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.

August 23, 2019

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

August 14, 2019

If the parties litigate but the defendant eventually defaults, the default judgment can result in nondischargeability via issue preclusion, Eleventh Circuit holds.

August 09, 2019

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

August 08, 2019

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.
BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

August 02, 2019

Fifth Circuit now says that student loans must ‘impose intolerable difficulties’ to be dischargeable.