August 25, 2017

No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says

Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.

8th Circuit

June 27, 2017

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District

June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 13, 2017

Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection

Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman.

10th Circuit, Kansas

May 10, 2017

Violation of Professional Ethics Resulted in a Nondischargeable Debt

Two ethical lapses resulted in a nondischargeable debt.

5th Circuit

May 09, 2017

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

3rd Circuit

May 05, 2017

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

9th Circuit

April 26, 2017

In Dischargeability, No Disclosure Required if Not Requested

Sometimes, failure to disclose material facts is not misleading.

1st Circuit

April 21, 2017

Foolishly Accumulating Student Loans Does Not Factor into Dischargeability, Circuit Holds

ABI President Eugene Wedoff wins a pro bono victory in the Eleventh Circuit.

11th Circuit