Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
‘Results Obtained’ Can Justify Cutting Fees by 50%, Sixth Circuit Says
In fee allowances, considering ‘results obtained’ survived the 1994 amendments to Section 330(a).
A Solvent Estate Must Be ‘Likely’ to Confer Standing on an Individual Chapter 7 Debtor
The Seventh Circuit doesn’t accept a debtor’s asset schedules as gospel in deciding whether there is appellate standing.
Retirees Breathe a Sigh of Relief: A Golf Cart Can Be an Exempt Motor Vehicle
Surprisingly, no court had previously ruled on whether a golf cart can be exempt.
First Circuit BAP Limits the Student Loan ‘Borrower Defense’
The First Circuit BAP suggests that invocation of the borrower defense with regard to dischargeability of student loans requires exhaustion of administrative remedies in the Department of Education.
Ninth Circuit Invited to Sit En Banc Regarding Dischargeability of Disciplinary Costs
The Ninth Circuit again questions the Supreme Court’s ‘atextual’ analysis of Section 523(a)(7).
The PBGC Isn’t a ‘Triggering Creditor’ for a Section 544(b) Suit by a Trustee
If the government isn’t suing on a claim originally owing to the U.S., a trustee can’t use the six-year statute of limitations in the FDCPA.
Courts Disagree on a Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
Two or three years from now, the Tenth Circuit may have a chance to agree or disagree with the Fifth Circuit on an important question under Section 544(b).