Circuit Rules Against Equitable Tolling for Objections to Discharge
Section 727(a)(2) is not a statute of limitations, Ninth Circuit holds.
Seventh Circuit Broadens ‘Ordinary Course’ Defense to Benefit Suppliers
Seventh Circuit lauds Judge Lane’s Quebecor World preference opinion.
Dismissal of a Chapter 13 Case Bars Invocation of Judicial Estoppel
Dismissing a chapter 13 case successfully retains the benefit of a lawsuit for the debtor alone.
Eleventh Circuit Rules Against Debt Collectors, Deepening Split of Circuits on the FDCPA
Appeals court finds no ‘irreconcilable conflict’ between the FDCPA and the Bankruptcy Code.
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Proving occurrence of rape evidently does not carry a presumption of intent to injure.
Supreme Court Temporarily Ducks Case on Individuals’ Right to Sue
Showing violation of a federal statute might not itself entitle a consumer to sue.
Supreme Court: Misrepresentation Not Required for ‘Actual Fraud’ Nondischargeability
Supreme Court reverses Fifth Circuit on ‘actual fraud’ dischargeability case.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
Valuation Date Chosen to Avoid ‘Gamesmanship’
Early valuation aids a debtor in stripping off during an up market.
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.