Third and Ninth Circuits Split on Preemption of Non-Debtor Claims by Section 303(i)
Judge Ambro allows non-debtors to sue for damages from dismissal of involuntary petition.
Alabama Judge Takes Majority View on Automatic Stay Termination for Repeat Filers
For serial filers, automatic stay held to terminate only on the debtor’s property.
Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien
Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Ownership or Lease Not Required to Claim Auto Expense Deduction
Ninth Circuit B.A.P. goes easy on a debtor who can’t afford to own a car on her own.
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors
Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.
Husky Breeds a New Species of Loss of Discharge Not Benefitting All Creditors
Debt not resulting from ‘actual fraud’ is nondischargeable if fraud is grounds for veil piercing, Tenth Circuit B.A.P. holds.
Finality Governed by Resolution of All Issues in an Adversary Proceeding
Unusual facts permit no exception to rigid rules on appellate jurisdiction.
Courts Divided on Contempt Sanctions as Automatically Nondischargeable
Showing intentional violation of court order isn’t enough for nondischargeability.
Chapter 13 Remains a Haven from Paying Support Even after BAPCPA Amendment
Try garnishment, not contempt, to collect support from a chapter 13 debtor.