Creditor Socked with $41,000 in Sanctions for Filing Trumped-Up Criminal Charges
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Fraudulent Transfer Suit Didn’t Succeed in ‘Discharging’ Student Loans
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
Breach of Corporate Fiduciary Duty Is Not Automatically Nondischargeable
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
Government’s Common Law Fraud Suit Excepted from Automatic Stay
Automatic stay nonetheless may preclude collecting judgment from estate property.
Evidence Rule Gives Wide Latitude for a Homeowner’s Opinion on Value
Evidence Rule 701 requires the homeowner’s opinion on value, not someone else’s.
Judge Closes Loophole to Prevent Discharging Pre-Conversion Condo Charges
Debtors once again stuck paying post-filing condo charges on abandoned home.