Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property
Tenth Circuit is in the minority by requiring affirmative action for a stay violation.
Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says
Term of the loan is the ‘relevant period’ for judging student loan dischargeability.
Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent
Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.
Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts
‘Ordinary course’ defense failed when overdrafts spiked during the preference period.