Claims

An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.

The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.

When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?

Circuits are split on whether nonpayment of taxes alone establishes the ‘conduct’ requirement making taxes nondischargeable for having evaded payment of taxes.

Supreme Court will decide whether potential motive for nondisclosure invokes judicial estoppel, or whether there must be subjective intent by the debtor to conceal.

Bankruptcy Judge Hagan halted the practice of a chapter 13 debtor’s counsel who always filed plans with 0% interest for secured creditors.

Bankruptcy Judge Hagan explains why Till doesn’t necessarily require starting with the prime rate in cramming down a secured creditor in chapter 13.

A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.

Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.

Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.