September 01, 2017

Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing

Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.

4th Circuit, Maryland

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

August 17, 2017

Bankruptcy Trustee’s Rights in Spendthrift Trusts Clarified Under California Law

California Supreme Court ignores a ‘drafting error’ in the state’s Probate Code.

9th Circuit

July 07, 2017

Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13

Courts split on inclusion of life insurance proceeds in a chapter 13 estate.

11th Circuit, Florida, Florida Middle District

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

May 19, 2017

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

5th Circuit, Texas, Texas Western District

March 28, 2017

Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine

After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.

5th Circuit, Texas, Texas Southern District

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

December 19, 2016

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit, Oklahoma, Oklahoma Western District

September 15, 2016

Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection

Personal financial stake required before creditor can file discharge complaint.

6th Circuit, Michigan, Michigan Eastern District