Fifth Circuit Bans Molina Provisions in Chapter 13 Plans
Court cannot impose a nonstatutory provision on a chapter 13 ‘full payment’ plan that restricts the debtor’s right to modify a confirmed plan.
Discharge Is Enforceable Only in the Issuing District, Fifth Circuit Says
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.