Claim Objections Are Permissible in Chapter 13 After Plan Confirmation
Tulsa judge permits leisurely objections to unsecured claims in chapter 13.
Disallowance of Nondischargeable Debt Does Not Bar Later Collection, B.A.P. Says
Eighth Circuit B.A.P. majority allows collection of disallowed priority claims.
New York District Judges Disagree on Arbitrating Violations of the Discharge Injunction
Important bankruptcy class action cases heading for the Second Circuit.
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.
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.
District Court Bars Discharge When Student Loans Are Taken Voluntarily
District court arguably tightened Eleventh Circuit’s test on student loan dischargeability.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Lower Courts Split on Nondischargeability of Education-Related Loans
New York judges narrowly define ‘educational benefit’ to discharge student loans.
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
High court should revisit Kelly v. Robinson from 1986, circuit court says.