To Be Nondischargeable, Debtor Must Have Violated Securities Laws, Another Judge Says
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
Does Mootness Arising on Appeal Strip the Lower Court Decision of Precedential Value?
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
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.
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).
A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
Change in Decisional Law Requires Plan Amendment in One Year, Seventh Circuit Says
To take advantage of a change in decisional law, a plan must be modified within the time limits imposed by Federal Rule 60(c), the Seventh Circuit says.