Private Student Loans Are Discharged Entirely or Not at All, BAP Says
An Internal Revenue Code definition means that the bankruptcy court cannot make part of a private student loan dischargeable and another part nondischargeable.
On Dismissal in ‘13,’ the Debtor Gets a Refund Regardless of a Property Execution
The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.
Honest, but Still Unfortunate? Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge
Honest, but Still Unfortunate?Ninth Circuit Defines Authority of Social Security Administration to Recoup Overpayments Following Chapter 7 Discharge By Mark A. Fink and Richard E. Willi III As the U.S. Supreme Court has stated, the Bankruptcy Code’s principal purpose is
Proceeds from Sales of Cryptocurrencies Held to Be ‘Income’ for CMI Analysis
North Carolina’s Judge McAfee distinguishes between sales of personal assets and sales of investment assets in deciding whether proceeds are derived from ‘income’ and must be included in the current monthly income analysis.
Courts Split on Modifying a ‘13’ Plan to Surrender a Car with the Deficiency Unsecured
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.
Does Truck Insurance Give Chapter 7 Debtors Standing to Mount Claim Objections?
The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’
Lender Collects Only Once When Both Spouses Personally Guarantee a Debt
If a lender could collect only once outside of bankruptcy when both spouses guaranteed a debt, the result is the same in a single or joint bankruptcy by the spouses.
Lack of Financial Distress Results in Chapter 11 Dismissal for Bad Faith
Lack of financial distress was one of several contributing factors for the Tenth Circuit BAP’s affirmance of dismissal for bad faith filing in chapter 11.
Debt’s Grip: Risk and Consumer Bankruptcy
Debt’s Grip: Risk and Consumer Bankruptcy Reviewed by Nicholas G. Glover Written by Prof. Pamela Foohey, Prof. Robert M. Lawless and Dr. Deborah K. Thorne Consumer bankruptcy affects Americans across the socioeconomic spectrum. It is a jarring truth that “[a]lmost every
Even Expecting Profit on the Investment, a Home Mortgage Is Still Consumer Debt
Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.