Practice and Procedure

Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.

First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.

A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).

Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.

The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.

A lawyer queasy about a client’s decision to assume a lease can’t invoke the court’s scrutiny by making an application to reaffirm the debt under Section 524(c), Judge Hursh says.

Tenth Circuit majority believes that the grant or denial of an exemption is sufficient to make the order final, even if the bankruptcy court hasn’t ruled on the extent or amount of the exemption.