Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’
Fraudsters get no sympathy from the Sixth Circuit on dischargeability.
Judge Name - Do not use it.
Eugene E. Siler, Jr.
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Debtors Benefit When Trust Law Meets Bankruptcy Law
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.
Judge Name - Do not use it.
Daniel S. Opperman
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Judge Name - Do not use it.
Shelley D. Rucker
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
Judge Name - Do not use it.
Marian F. Harrison
Tennessee Judge Rules Back Child Support Is Not Estate Property
Courts are split on whether child support arrears are estate property.
Judge Name - Do not use it.
Suzanne H. Bauknight
Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds
Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.
Judge Name - Do not use it.
Guy R. Humphrey
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
Judge Name - Do not use it.
Tracey N. Wise
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Judge Name - Do not use it.
Matthew F. Leitman
Sovereign Immunity Fully Insulates a Tribe from Lawsuits
Sovereign immunity protects a tribe even after successful veil piercing.
Judge Name - Do not use it.
Paul D. Borman
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Judge Name - Do not use it.
Phillip J. Shefferly