March 22, 2021
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.
10th Circuit, Kansas
March 17, 2021
Second Circuit insinuates that “undue hardship” and the Brunner test are synonymous.
2nd Circuit
February 18, 2021
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
5th Circuit, Texas, Texas Southern District
January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
Supreme Court
December 01, 2020
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
11th Circuit
November 18, 2020
Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.
10th Circuit, New Mexico
October 22, 2020
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
1st Circuit, Massachusetts
