Rochelle's Daily Wire

Analysis of recent bankruptcy court cases, by ABI editor Bill Rochelle

  • Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

    Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

    A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

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  • Religious Contributions Not Considered in Dischargeability of Student Loans

    Religious Contributions Not Considered in Dischargeability of Student Loans

    First Amendment doesn’t compel deduction of religious contributions in finding an ‘undue hardship’ justifying the discharge of student loans.

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  • Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says

    Self-Inflicted Disability Won’t Make Student Loans Dischargeable, BAP Says

    The BAP avoided making a rule that would have allowed convicted felons to discharge student loans more easily than debtors with clean records.

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  • Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

    Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

    Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

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  • Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

    Third Circuit Strips Debt Buyers of Defenses Under the FDCPA

    Hiring a collection agent will not insulate a debt buyer from liability under the FDCPA.

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  • Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

    Sixth Circuit Shows Why the Supreme Court Must Reverse Taggart

    The appeals court didn’t allow an ambiguous state statute to confer absolution for violating the automatic stay.

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  • Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition

    Equitable Mootness Attacked in Jefferson County ‘Cert’ Petition

    Lack of a circuit split makes equitable mootness an unlikely topic for Supreme Court review.

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  • Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance

    Judge Declines to Apply ‘Earmarking’ Defense to a GM Lien Avoidance

    ‘Old’ GM lenders lose again while attempting to avoid the consequences of a $1.5 billion mistake.

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  • Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt

    Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt

    Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.

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  • Unprotected Sex Results in a $250,000 Nondischargeable Debt

    Unprotected Sex Results in a $250,000 Nondischargeable Debt

    Lying about herpes resulted in a nondischargeable debt for fraud and battery.

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  • Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

    Bankruptcy Won’t Lift Suspension of a Driver’s License for Failure to Pay Traffic Fines

    The government doesn’t violate the automatic stay by refusing to reinstate a driver’s license suspended for failure to pay traffic fines, Judge Surratt-States says.

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  • Supreme Court to Decide Whether Rejection Terminates Use of a Trademark

    Supreme Court to Decide Whether Rejection Terminates Use of a Trademark

    High court will resolve a circuit split dating back to the Fourth Circuit’s controversial Lubrizol opinion in 1985.

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  • Status Report on the Supreme Court

    Status Report on the Supreme Court

    Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.

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  • Avoiding Powers Under PROMESA May Be Applied Retroactively

    Avoiding Powers Under PROMESA May Be Applied Retroactively

    Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.

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  • Two Circuits Agree on When Social Security Benefits Accrue

    Two Circuits Agree on When Social Security Benefits Accrue

    The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.

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  • Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

    Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation

    Venue in the bankruptcy court is ok for suits brought under a liquidating plan.

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  • Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity

    Delaware’s Judge Sontchi Writes a Seminal Opinion on Sovereign Immunity

    A bankruptcy court’s in rem jurisdiction overrides a claim of sovereign immunity.

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  • NY Judge Takes Forgiving View of "Actual Conflict"

    NY Judge Takes Forgiving View of "Actual Conflict"

    Firm allowed to drop a creditor-client and represent the debtor in chapter 11.

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  • GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case

    GM Ignition Switch Litigation Makes Law on Punitive Damages and Law of the Case

    Ten years later, courts are still sorting out who’s liable for Old GM’s failure to disclose a known defect.

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  • Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property

    Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property

    District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.

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