Bankruptcy Code’s ‘debt relief’ clauses upheld 
Published: September 8, 2010
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, BAPCPA, debt relief agencies, First Amendment
The Bankruptcy Code’s new restrictions on “debt relief agencies” do not violate free speech protections, the 2nd Circuit has ruled.
Separated spouses’ income combined in bankruptcy
Published: September 7, 2010
Tags: applicable commitment period, CHAPTER 13, unsecured creditors
Spouses who filed a joint bankruptcy petition while separated must combine their incomes for the purpose of determining the “applicable commitment period” for repaying creditors, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Bankruptcy protects sale of tenancy in common
Published: September 7, 2010
Tags: Chapter 11, tenancy in common, unsecured creditors
The Bankruptcy Code’s “statutory mootness” provision protects the finality of a sale of property held by debtors as tenants in common with non-debtors, the 6th Circuit has ruled in affirming a dismissal.
Ineligible debtor may ‘commence’ bankruptcy case
Published: August 27, 2010
Tags: automatic stay, Bankruptcy Abuse Prevention and Consumer Protection Act, credit counseling
A debtor may “commence” a bankruptcy case and receive the protection of the automatic stay - even though he has failed to meet the new credit counseling requirements for bankruptcy eligibility, the 2nd Circuit has ruled in reversing judgment.
Executive’s bonus payments are ‘wages’
Published: August 26, 2010
Tags: bonus, employment contract, wage and hour
A corporate executive was entitled to damages under state wage and hour law when he didn’t receive bonus payments required under the terms of his employment contract, the Connecticut Supreme Court has ruled in affirming a $283,000 judgment.
Default judgments nondischargeable in bankruptcy
Published: August 24, 2010
Tags: intentional infliction of emotional distress, nondischargeable
Default judgments against a debtor for abuse of process are nondischargeable in her bankruptcy case, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Bankruptcy filings rise
Published: August 19, 2010
Tags: Bankruptcy, Federal courts
WASHINGTON - The number of bankruptcy filings in the 12-month period ending June 30 jumped 20 percent over the year before, rising to the highest levels since the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 took effect, according to the Administrative Office of the U.S. Courts.
Bankruptcy trustee can recover restitution payments
Published: August 17, 2010
Tags: Chapter 7, preferential transfer, restitution
A bankruptcy trustee could recover as a preferential transfer a criminal restitution payment made by the debtors shortly before they filed for Chapter 7 relief, the 9th Circuit has ruled in affirming judgment.
Debtor estopped from pursuing employment suit
Published: August 16, 2010
Tags: CHAPTER 13, estoppel, sexual harassment
A Chapter 13 debtor who failed to list her sexual harassment claim against her employer in her bankruptcy schedules is judicially estopped from proceeding with the lawsuit, the 6th Circuit has ruled.
Bill would help small businesses reorganize
Published: August 13, 2010
Tags: Bankruptcy, Chapter 11, Congress, small business
WASHINGTON - When Congress returns from summer recess, the Senate Judiciary Committee is set to consider a measure that would change the way small businesses reorganize in bankruptcy.
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