Common Sense Determines How Much Detail Must Be Included in Schedules
Failure to include forgiveness of indebtedness income in schedules didn’t result in denial of confirmation of a chapter 13 plan.
A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
Student Loans Discharged in Part, Even Though Debtor Wasn’t Destitute
A bankruptcy judge can afford little relief from student loans, even for sympathetic debtors who try hard to repay their debts.
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
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.
Arbitration Clause Nixes Class Suit for an Automatic Stay Violation
Enforcing arbitration clause turns on core vs. non-core distinction.