Quantcast

Employee could pursue ADA claim despite Chapter 13 bankruptcy (access required)

Published: May 21, 2013

Tags: , , , ,

An employee did not lose standing to pursue a federal disability discrimination claim by filing for Chapter 13 bankruptcy, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.

Lien-stripping allowed in ‘Chapter 20’ bankruptcy (access required)

Published: May 17, 2013

Tags: , ,

The Bankruptcy Abuse Prevention and Consumer Protection Act did not create a per se rule barring lien-stripping in so-called “Chapter 20″ cases, the 4th U.S. Circuit Court of Appeals has ruled in affirming judgment.

BANKRUPTCY (access required)

Published: May 13, 2013

Tags: , , ,

Proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.

See “Court clarifies bankruptcy discharge standard for fiduciaries

U.S. Supreme Court. Bullock v. BankChampaign, No. 11-1518. May
» Continue Reading.

Court clarifies bankruptcy discharge standard (access required)

Published: May 13, 2013

Tags: , , ,

The U.S. Supreme Court has clarified that proof of malicious intent is not required to prevent the bankruptcy discharge of a debt that arose from a trustee’s self-dealing.

Repossessing car lender violated bankruptcy stay (access required)

Published: May 10, 2013

Tags: ,

A car lender willfully violated the automatic stay in a Chapter 13 case by failing to return a repossessed vehicle to the debtor promptly after receiving notice of his bankruptcy petition, the 2nd U.S. Circuit Court of Appeals has ruled in affirming judgment.

Banking lawyers uneasy about national loan data collection (access required)

By: Sylvia Hsieh
Published: May 7, 2013

Tags: , , ,

Recent Senate hearings have sparked renewed debate over a national mortgage database that will hold information about millions of mortgage, credit card and auto loans, loan terms, borrowers’ credit profiles and financial information.

Inherited IRA isn’t exempt in bankruptcy (access required)

Published: April 29, 2013

Tags: , , , ,

An IRA that a debtor inherited from her mother was not exempt from creditors’ claims in her bankruptcy case, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.

Anna Nicole bankruptcy case still splitting the circuits (access required)

By: Kimberly Atkins
Published: April 18, 2013

Tags: , , , ,

WASHINGTON – The fallout from the complicated legal battle between the late pinup model Anna Nicole Smith and the estate of the elderly oil magnate she married is still being felt by bankruptcy lawyers across the nation because a new circuit split has emerged, making an already complex legal issue even more knotty.

Bankruptcy trustee’s avoidance actions untimely (access required)

Published: April 16, 2013

Tags: ,

The appointment of an interim trustee in a Chapter 7 case did not extend the time period for the bringing of avoidance actions to undo transactions that reduced the value of the bankruptcy estate, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.

Long-term unemployment justified discharge of student loans (access required)

Published: April 15, 2013

Tags: ,

A debtor who was unable to find a job after a decade-long search met the Bankruptcy Code’s standard for discharge of her student loan debt, the 7th U.S. Circuit Court of Appeals has ruled in reversing judgment.

Sign-up for alerts