Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions. Judge Name - Do not use it. Dale L. Somers Read more about Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments The bankruptcy court is no longer a court of equity; here’s another example. Judge Name - Do not use it. Eric F. Melgren Read more about Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans Remedies available to a bankruptcy judge are limited when granting a partial discharge of student loans. Judge Name - Do not use it. Robert E. Nugent Read more about Judge Develops a Creative Remedy to Deal with Nondischargeable Student Loans
Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says Breaching a covenant not to compete does not give rise to a claim, because the primary remedy is equitable. Judge Name - Do not use it. Robert E. Nugent Read more about Covenant Not to Compete Survives a Chapter 7 Discharge, Judge Nugent Says
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’ Judge Name - Do not use it. Robert E. Nugent Read more about Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection Kansas judge differs with a non-precedential Tenth Circuit opinion on Rooker-Feldman. Judge Name - Do not use it. Robert D. Berger Read more about Judgment Void for Violating Discharge Doesn’t Qualify for Rooker-Feldman Protection
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen Trend continues in broadly interpreting Barton v. Barbour. Judge Name - Do not use it. Robert E. Nugent Read more about Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Cover Sheet Is No Substitute for Filing a Complaint Kansas judge strictly enforces rules on filing dischargeability complaints. Judge Name - Do not use it. Robert D. Berger Read more about Cover Sheet Is No Substitute for Filing a Complaint
Kansas Judge Endorses Fee-Only Chapter 13 Plans Kansas Judge Janice Karlin sympathizes with consumers who can’t afford fees up front. Judge Name - Do not use it. Janice Miller Karlin Read more about Kansas Judge Endorses Fee-Only Chapter 13 Plans
Discrimination in Favor of Student Loans Makes Plan Fatally Defective Bad policy choice in chapter 13 is an issue for Congress, not the courts, judge says. Judge Name - Do not use it. Dale L. Somers Read more about Discrimination in Favor of Student Loans Makes Plan Fatally Defective