Employee could pursue ADA claim despite Chapter 13 bankruptcy 
Published: May 21, 2013
Tags: ADA, AMERICANS WITH DISABILITIES ACT, CHAPTER 13, disability discrimination, standing
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
Published: May 17, 2013
Tags: "Chapter 20", CHAPTER 13, lien-stripping
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
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
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
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Court clarifies bankruptcy discharge standard
Published: May 13, 2013
Tags: bankruptcy discharge, breach of fiduciary duty, defalcation, trusts and estates
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
Published: May 10, 2013
Tags: automatic stay, repossession
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
By:
Sylvia Hsieh
Published: May 7, 2013
Tags: CFPB, Consumer Financial Protection Bureau, Federal Housing Finance Agency, Richard Cordray
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
Published: April 29, 2013
Tags: exemption, Individual Retirement Account, inheritance, IRA, wills and trusts
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
By:
Kimberly Atkins
Published: April 18, 2013
Tags: Anna Nicole Smith, Article III, Bankruptcy, Circuit Breaker, jurisdiction
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
Published: April 16, 2013
Tags: avoidance actions, bankruptcy trustee
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
Published: April 15, 2013
Tags: bankruptcy discharge, student loans
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.
