Sixth Circuit Expounds on a Loophole in the Rooker-Feldman Doctrine
Bankruptcy court may overrule a state court that rules incorrectly on the discharge of a debt.
Penalties for Fraud Are Nondischargeable Despite Chapter 13’s ‘Superdischarge’
Fraudsters get no sympathy from the Sixth Circuit on dischargeability.
Debtors Benefit When Trust Law Meets Bankruptcy Law
A trust designed to defeat the claims of creditors can sometimes hold up in bankruptcy.
Still No Universal Test for Bifurcating an Auto Loan in Chapter 13
Courts are groping to define ‘personal use’ because Congress didn’t.
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
Tennessee Judge Rules Back Child Support Is Not Estate Property
Courts are split on whether child support arrears are estate property.
Kentucky Judge Refuses to Approve a ‘No Seal, No Deal’ Settlement
The parties’ wishes are insufficient to justify sealing.
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
“Substantial Contribution” Claim Allowed in Chapter 13
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.