District Court Upholds Discharge of a Portion of Student Loan Debt
Finding ‘undue hardship’ held not to require discharging all student loan debt.
Bifurcated Fees for Destitute Chapter 7 Debtors Approved in Utah
Copious disclosure required for post-petition payment of fees to be permissible in chapter 7.
Without Excusable Neglect, Debtors May Claim Exemption in Reopened Cases
The date of the closing of a case is not a ‘specified period’ invoking Rule 9006(b)(1) and requiring a debtor to show excusable neglect before amending schedules to claim an exemption.
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.
Divorcing While Bankrupt Lays Traps for the Unwary
Matrimonial lawyers need bankruptcy and tax advice when the client is insolvent.
Advice of Counsel Must Be Given in Advance to Constitute a Defense, Circuit Says
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.
Equity Can’t Bar a Chapter 13 Discharge After the Debtor Makes All Plan Payments
The bankruptcy court is no longer a court of equity; here’s another example.
Tenth Circuit Opinion Can Be the Springboard for a ‘Cert’ on the Automatic Stay
Circuit split is widening on whether inaction can be a violation of the automatic stay.