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Consumer Bankruptcy

On Student Loan Discharge, District Judge Requires Responses to Unasserted Defenses

New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.

2nd Circuit
New York
New York Southern District

On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed

The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.

5th Circuit
Texas
Texas Southern District

The Wealth Gap and Student Loans

Nov 2021

Bankruptcy Code
523(a)(8)
Topic Tags
Consumer Bankruptcy
Consumer Debt
Discharge/Dischargeability

Inside ABI October 2021

Oct 2021

Topic Tags
Consumer Bankruptcy
Business Reorganization

Legislative Highlights October 2021

Oct 2021

Topic Tags
Legislation
Consumer Bankruptcy
Business Reorganization

A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee

A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.

D.C. Circuit

Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

7th Circuit
Wisconsin
Wisconsin Eastern District

Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says

Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.

11th Circuit

Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid

Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.

3rd Circuit
Delaware

Estate Claims Can’t Be Sold for Trivial Recovery by Unsecured Creditors

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

2nd Circuit
New York
New York Eastern District
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