Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans
Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.
Circuits Split on Sovereign Immunity and Emotional Distress Damages for a Stay Violation
Ninth Circuit splits with the First on the interpretation of Section 106(a).
Judges Split on Denial of Chapter 13 Discharge for Missing Direct Mortgage Payments
Illinois judges disagree on whether direct payments to a mortgagee are “under the plan” and must be made in full to obtain a chapter 13 discharge.
Two Circuits Agree on When Social Security Benefits Accrue
The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.
Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.