Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim
High court allows a business model that is based on the inadvertence of trustees and creditors.
Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim
Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Violation of Professional Ethics Resulted in a Nondischargeable Debt
Two ethical lapses resulted in a nondischargeable debt.
Split Brewing on Trustee’s Ability to Use the IRS’ Longer Statute of Limitations
Florida and Idaho Judges Disagree with Fifth Circuit and a New Mexico Judge.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Two Judges Decline to Extend Harris v. Viegelahn Beyond Its Facts
District judge gives a ray of hope to chapter 13 debtors seeking unclaimed funds.