No Contempt on Discharge Violation of Nondischargeable Debt, Circuit Says
Eighth Circuit says orders reducing nondischargeable claims may not be binding on the creditor.
Arbitration Ordered Although Creditor Filed a Proof of Claim
District court orders arbitration to avoid constitutional infirmities in bankruptcy court’s power to determine a claim against a creditor.
Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Section 105(a) was utilized because Section 1301 is silent on sanctions.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.
Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning
Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.
Is There a Lien on Entireties Property from a Judgment Against Only One Spouse?
Eighth Circuit undertakes an arcane analysis of a question with little practical consequence.
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.