Student Loans Incurred for a New Profession Are Consumer Debts
Non-consumer debts must be related to an existing business or current job.
Estate Planning Does Not Blow Away a Generous State Homestead Exemption
Appellate panel rides to the rescue and saves a couple about to lose their home.
Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate
You can’t stiff your creditors and profit from an inadvertent stay violation claim.
Failed Lawyer Discharges $264,000 in Student Loan Debt
Advanced degrees for once were no bar to discharging student loans.
Congress Did Not Abrogate Absolute Priority for Individuals, Five Circuits Now Hold
Sloppy drafting in BAPCPA puts individuals at the mercy of dominant creditors in chapter 11.
A $15,000 Civil Contempt Order Was Interlocutory and Not Appealable
Perhaps a civil contempt order should sometimes be final in bankruptcy.
California Judge Fixes Discharge Deadline for Late-Filing Tax Penalty
Bankruptcy mavens, take note: Late-filing fines for tax returns kick in Oct. 15.
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.
Split 9th Circuit BAP Exempts Adoption Payments from Disposable Income in Chapter 13
9th Circuit BAP opinion broadly puts welfare payments beyond reach of chapter 13 creditors.
Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer
Ninth Circuit gets it right on life insurance policies being property of the estate.