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Consumer Debt

If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

9th Circuit
California
California Eastern District

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit
Article Tags
Consumer Debt

Full story via Calculated Risk blog.

Thursday, October 31, 2019
Article Tags
Consumer Debt
Predatory Lending
Finance and Banking
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Tuesday, October 29, 2019
Article Tags
Consumer Debt
Finance and Banking
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Monday, October 28, 2019
Article Tags
Consumer Debt
Finance and Banking
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Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says

States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.

3rd Circuit
Pennsylvania
Pennsylvania Western District
Friday, October 25, 2019
Article Tags
Consumer Debt
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Thursday, October 24, 2019
Article Tags
Consumer Debt
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A 362(k) Claim May Be Brought Without Reopening the Bankruptcy, Circuit Says

Section 362(k) creates a private right of action that may be maintained even after dismissal of the underlying bankruptcy, the Third Circuit says.

3rd Circuit
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