First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
Circuits More Deeply Split on Waiver of Sovereign Immunity for Native American Tribes
Over a vigorous dissent, the First Circuit Joins the Ninth Circuit by holding that Section 106(a) waives tribes’ sovereign immunity.
First Circuit Dismisses as Moot Even Though the Appeal Dealt with Payment of Money
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
Puerto Rico Case and the Efficacy of Prof. Westbrook’s Definition of ‘Executoriness’
The bankruptcy community needs a better definition of what’s an executory contract, and Prof. Jay Westbrook has it.
Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
Asset Exempt in Chapter 13 Retains the Exemption After Conversion, First Circuit Says
Circuit split is eroding on the loss of a homestead exemption for failing to reinvest proceeds from a sale after filing.
BAP Didn’t See Barnhill as Prescribing the Date of Transfer from a Retirement Account
The First Circuit BAP evidently believes that a transfer occurred, even though an ordinary check wasn’t cashed.
Taggart Didn’t Let Corporate Employees Off the Hook for a Stay Violation
Tortious or fraudulent conduct needn’t be shown to hold a corporate employee liable for violating the automatic stay.
First Circuit Reverses the BAP for Fact-Finding on Appeal
First Circuit requires detailed fact-finding by the bankruptcy court on the credibility of witnesses and the elements of nondischargeability for false representations.