Consumer Bankruptcy

Bankruptcy Judge Martin Glenn imposed civil contempt sanctions for ignoring court orders over five years.

Will there be occasions where the government must pay a debtor’s counsel’s fees when a U.S. Trustee unsuccessfully opposes a debtor’s initiative?

Tenth Circuit joins the Fifth Circuit by holding that student loans are not ‘educational benefits’ under Section 523(a)(8)(A)(ii).

Courts are split over the effect on claims discharged in chapter 7 if the debtor converts the case to chapter 13.

Below median debtors are no longer required to turn over tax refunds in excess of $2,000.

Even when after a finding of bad faith, the court retains discretion to deny punitive damages, Third Circuit says. Compensatory damages are not available if the debtor was failing anyway.

Eleventh Circuit joins the majority of circuits by holding that unforeseen, changed circumstances are not required to modify a chapter 13 plan.

Tenth Circuit and its BAP follow the same controlling authority but reach opposite results.

When $50,000 in sanctions were not enough to coerce compliance with the Code and Rules, the Eleventh Circuit upheld $150,000 in sanctions for a second violation.