Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
Repaying Salary After Arrest Isn’t Compensation for Loss and Isn’t Dischargeable
An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
On a Split, Long Island Judge Allows Selling a Home Despite the Homeowner’s Objection
A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.
‘No Harm, No Foul’ Doesn’t Entitle a Debtor to a Discharge, BAP Says
Advice-of-counsel defense doesn’t work when intent is clearly fraudulent.
District’s Model Chapter 13 Plan Violates the Code by Requiring More than 60 Payments
Detroit’s Judge Randon holds that a chapter 13 plan’s five-year duration begins to run from the first payment, not from confirmation.
Student Loan Servicer Sanctioned $378,000 for Civil Contempt by New York Judge
Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.
Ninth Circuit: Government Doesn’t Pay Counsel Fees on Reversal of Sua Sponte Actions
Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?