Sixth Circuit BAP Gives Priority Status to Obamacare’s Individual Mandate Penalty
A question may be headed to the Sixth Circuit, where debtors hope to create a circuit split.
Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
Debtor Can’t Avoid and Preserve a Lien for Tax Penalties for the Debtor’s Benefit
A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says
The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.
Student Loans Were Discharged Only with Assistance from Pro Bono Counsel
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
On Student Loan Discharge, District Judge Requires Responses to Unasserted Defenses
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan
Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.
Fourth Circuit Seems to Give the Government a Pass for Violating the Stay
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
Inability to Cover Accruing Interest Was Pivotal on Discharging Student Loans
Eligibility for an income-based repayment program is relevant only on the third Brunner test regarding good faith.