Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago
Appeals court avoids a split of circuits by deciding a different issue this time.
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds
Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.
Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
Even Without the One-Day-Late Rule, Tax Liability Still Wasn’t Discharged
A tax return late by three years wasn’t ‘honest and reasonable.’
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Fees to Recover Sanctions Are Permitted under 28 U.S.C. § 1927
Lawyers can be nailed for misconduct under Section 1927, but not their clients.
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.