August 09, 2019

Recent Decisions Deepen and Entrench Circuit Split on Discharging Student Loans

Conflicting standards among the circuits warrant a grant of certiorari to define ‘undue hardship’ required for discharging a student loan.

1st Circuit

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 09, 2019

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Supreme Court

June 24, 2019

Failure to Appeal Confirmation Bars Claims to Estate Property, Fifth Circuit Holds

A plan’s declaration that disputed property belongs to the debtor’s estate must be challenged before confirmation becomes final.

5th Circuit

June 12, 2019

San Francisco Judge Slaps Down FERC on Rejection of Power Purchase Agreements

Judge Montali accuses FERC of a power grab to take the bankruptcy court’s right to rule on the rejection of executory contracts.

9th Circuit, California, California Northern District

May 14, 2019

Circuits Split on Bankruptcy Jurisdiction for Social Security, Medicare Suits

Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.

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 13, 2019

Sovereign Immunity Doesn’t Insulate States from Lien Stripping

For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.

3rd Circuit, Pennsylvania, Pennsylvania Western District

April 11, 2019

‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules

Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.

4th Circuit, West Virginia, West Virginia Southern District

March 18, 2019

Seventh Circuit Bars Chapter 13 Plan from Conferring Immunity from Traffic Tickets

Judge Easterbrook pens another gem. Even if you don’t like the result, you gotta like the language.

7th Circuit