Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue
Showing violation of a federal statute might not itself entitle a consumer to sue.
Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
Plan’s Treatment of Secured Claim Trumps Failure to Redeem on Time
Courts split on whether failure to redeem on time is fatal in reorganization.
Courts Split on Requiring Reaffirmation for Valid Lease Assumption in Chapter 7
Detroit judge makes auto lease assumption valid without parallel reaffirmation.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
Briefly Noted: Success Fees, Covenants with the Land, and Fee-Only Chapter 13 Plans
Debtors win 2 of 3 important chapter 11 and 13 reorganization cases.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
Fourth Circuit Says Chapter 13 Can’t Reinstate Non-Default Rate on Home Mortgage
Bar to modification of a home mortgage trumps ability to cure in chapter 13.
Eighth Circuit Ignores Supreme Court’s Loose Language in Harris
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
Involuntary Servitude Claim Raised in Involuntary Chapter 11
Did Congress make another constitutional mistake in BAPCPA?