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ABI Journal

August 02, 2019

Fifth Circuit Makes Student Loans Even More Difficult to Discharge

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

5th Circuit

July 01, 2019

Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says

The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.

9th Circuit

May 29, 2019

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

4th Circuit

May 16, 2019

Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says

BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.

9th Circuit

May 10, 2019

Fifth Circuit Upholds Sanctions Against ‘Nationwide’ Law Firm

Appeals court lauds Bankruptcy Judge Jeffrey Norman’s ‘well-reasoned’ opinion.

5th Circuit

April 26, 2019

Mothers Owed Child Support Weren’t Entitled to Notice in Father’s Bankruptcy, Circuit Says

Fifth Circuit in substance says that state law overcomes the Bankruptcy Code’s broad definition of who’s a creditor entitled to notice.

5th Circuit

April 09, 2019

Eleventh Circuit Joins the Majority Restricting Collection Letters on Time-Barred Debts

Circuits are split on whether a collection letter only violates the FDCPA if it contains an explicit threat to sue.

11th Circuit

February 28, 2019

Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

3rd Circuit

January 03, 2019

Courts Are Split on Breach of Contract Resulting in Nondischargeability

In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).

10th Circuit, New Mexico

December 05, 2018

Unprotected Sex Results in a $250,000 Nondischargeable Debt

Lying about herpes resulted in a nondischargeable debt for fraud and battery.