Employee barred from suing for race discrimination 
Published: April 9, 2012
Tags: CHAPTER 13, estoppel, race discrimination, Title VII
An employee was judicially estopped from suing for race discrimination because he failed to disclose those claims in his bankruptcy case, the 5th Circuit has ruled in affirming a dismissal.
‘Fee-only’ plan permissible in bankruptcy
Published: March 26, 2012
Tags: attorney fees, CHAPTER 13
A Chapter 13 plan that in essence only ensured the payment of attorney and trustee fees should not have been automatically rejected as having been filed in “bad faith,” the 1st Circuit has ruled in reversing judgment.
Bankruptcy estate doesn’t include inherited IRA
Published: March 15, 2012
Tags: CHAPTER 13, Individual Retirement Account
Chapter 13 debtors could exempt from their bankruptcy estate an individual retirement account inherited from a relative, the 5th Circuit has ruled in affirming judgment.
Bankruptcy, appellate case filings drop in fiscal 2011
Published: March 14, 2012
Tags: Administrative Office of the U.S. Courts, case filings
WASHINGTON – Caseloads at federal trial courts increased slightly during fiscal 2011, while the number of bankruptcy and appellate cases dropped, according to recently released data from the Administrative Office of the U.S. Courts.
Debtor understated projected disposable income
Published: March 9, 2012
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, CHAPTER 13
A Chapter 13 debtor’s projected disposable income should not have been reduced by monthly installment payments that she in fact would not be making, the 4th Circuit has ruled in reversing judgment.
HRT drug claim isn’t barred by prior bankruptcy
Published: February 24, 2012
Tags: cancer, hormone replacement therapy litigation, Prempro, product liability, Wyeth
A product liability lawsuit against drug maker Wyeth was not barred by the plaintiff’s failure to declare her claim as an asset in her bankruptcy case prior to obtaining a discharge of debts, a U.S. District Court in Mississippi has ruled in denying summary judgment.
State judgment nondischargeable in bankruptcy
Published: February 17, 2012
Tags: defalcation, fraud, nondischargeable
A debtor could not obtain a bankruptcy discharge of a state judgment entered against him for breaching his duties as trustee of his father’s trust, the 11th Circuit has ruled in affirming judgment.
Debtors must use ‘new’ income to repay creditors
Published: February 17, 2012
Tags: CHAPTER 13
Income that becomes available to Chapter 13 debtors after their 401(k) loans are fully repaid must be turned over to the bankruptcy trustee for distribution to unsecured creditors, the 6th has ruled in affirming judgment.
Bankruptcy filings down in 2011
Published: February 9, 2012
Tags: Bankruptcy, Bankruptcy Abuse Prevention and Consumer Protection Act
WASHINGTON – The number of new bankruptcy filings fell during the 2011 calendar year.
Foreclosing bank can’t set aside bankruptcy stay
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
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