June 14, 2018

‘Cert’ Petition Wants Discharge Violations to Be Arbitrated

Petitioner contends the Second Circuit was wrong to bar arbitration in view of the Supreme Court’s decision in Epic Systems.

Supreme Court

June 04, 2018

Islamic Law Informs the Court in Interpreting a Marital Contract

Courts split on the dischargeability of debts incurred in the course of divorce or separation.

2nd Circuit, New York

June 04, 2018

A False Statement About One Asset Isn’t Grounds for Nondischargeability, Supreme Court Rules

High court resolves a circuit split on Section 523(a)(2)(B) and the meaning of “financial condition.”

Supreme Court

May 30, 2018

Like the Second Circuit, Florida Judge Bars Arbitrating a Class Suit for Discharge Violations

Supreme Court’s subsequent Epic decision casts doubt on opinions overriding arbitration agreements in the bankruptcy context.

11th Circuit, Florida, Florida Middle District

April 18, 2018

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability

The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.

Supreme Court

April 04, 2018

Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

7th Circuit, Wisconsin, Wisconsin Western District

March 27, 2018

Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy

Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’

10th Circuit, Kansas

March 23, 2018

‘Snarky’ or Factually Incorrect Emails Are Not Grounds for Rule 9011 Sanctions

Neither oral statements nor emails are sanctionable under Rule 9011, Judge Pappas says.

9th Circuit, Idaho

March 13, 2018

Unlicensed Debt Collectors May File Proof of Claim Despite State Law

Midland Funding expanded to allow unlicensed debt collectors to file claims.

4th Circuit, Maryland

March 09, 2018

Second Circuit Bars Arbitration in a Class Action for Violating the Discharge Injunction

New case seems inconsistent with Second Circuit’s prior opinion compelling arbitration over an automatic stay violation.

2nd Circuit