Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
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.
Recent Decisions Bar Cramdown on Mixed-Use Principal Residences
Newark and Buffalo judges read 1322(b)(2) narrowly and in favor of mortgage lenders.
Clark v. Rameker’s Gaping Loophole Allows Debtors to Retain Inherited IRAs
State law overrides ‘significant policy concerns’ in Supreme Court decision.
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.
Excusable Neglect Can Never Be an Excuse for a Late Claim in Chapter 13
Rule 3002(c) has the only permissible grounds for allowing a late claim.
District Court Upholds Procedures for Suspending a Panel Trustee
Panel trustee suspended for unfair, harsh, accusatory examination of debtors.
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.