Consumer Bankruptcy | ABI

Insurance Companies Have Fewer Protections than Landlords and Aircraft Lessors

Absent special-interest legislation for bankruptcies, insurance companies remain in limbo.

Court :

Pennsylvania Eastern District

Mishandling Collateral Gives Rise to Nondischargeable Debt, Eleventh Circuit Holds

Mishandling collateral is nondischargeable even if the security interest is unperfected.

Court :

Student Loans to Advance a Career Are Classified as Non-Consumer

Difficult to discharge, student loans are more easily classified as non-consumer for the presumptive abuse test.

Court :

New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage

District judge makes an ‘Erie’ guess on an undecided issue of New York law.

Court :

New York Western District

Bankruptcy Powers Do Not Override Congressionally Mandated Internet Confidentiality

Third party’s emails are immune from discovery in bankruptcy, Judge Sontchi rules.

Court :

Obscure Provisions in Title 37 Bar Discharge of Unearned Reenlistment Bonuses

California judge counsels Ninth Circuit about procedures for enforcing discharge injunctions.

Court :

California Eastern District

Wednesday, November 16, 2016

Article Tags

Court Administration

Consumer Bankruptcy

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Denial of Discharge for Violating Securities Laws Made Easier to Prove, Circuit Says

Sarbanes-Oxley nails securities fraudsters who file bankruptcy.

Court :

Mortgage Survives Chapter 13 Even Though the Secured Claim Was Disallowed

New York judge disagrees with Ninth Circuit on the effect of disallowance of a secured claim.

Court :

New York Northern District

Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?

Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.

Court :

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