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November 06, 2019

In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.

November 05, 2019

An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.

November 04, 2019

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

November 01, 2019

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

October 25, 2019

Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.

October 22, 2019

Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.

October 09, 2019

Eleventh Circuit refuses to read words into Section 727(d)(2) that aren’t there.

October 03, 2019

Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.

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.

September 17, 2019

Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.