Bankruptcy Law
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Foreclosures flood bankruptcy courts
The foreclosure crisis is fueling an increase in bankruptcy litigation over a variety of issues between lenders and homeowners.
Residential foreclosures rose 55 percent just in the last year, with an estimated 1 million foreclosures by the end of the year.
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August 19, 2008
Bankruptcy law gets boost
A mini-boom in bankruptcy law is attracting attorneys to the practice area.
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August 25, 2008
Creditors prevail in secured claim cases
The Bankruptcy Code’s “hanging paragraph” prevented the reduction of a secured claim that a creditor held with to respect to a debtor’s negative equity in a trade-in vehicle, the 11th Circuit has ruled in affirming a bankruptcy order.
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August 25, 2008
Malpractice settlement debt is dischargeable
A lawyer’s intentional breach of a malpractice settlement agreement doesn’t render the underlying debt non-dischargeable under the Bankruptcy Code’s “willful and malicious injury” provision, the 9th Circuit has ruled.
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August 25, 2008
Underinsured motorist claim part of bankruptcy estate
A claim for underinsured motorist benefits arising after a bankruptcy plan has been confirmed but before payments are complete becomes property of the estate, the 11th Circuit has ruled.
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August 25, 2008
Student loans may be discharged due to undue hardship
An unemployed debtor may obtain an undue hardship determination substantially in advance of the time she completes payments under her Chapter 13 bankruptcy plan, the 9th Circuit has ruled.
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August 11, 2008
Bankruptcy trustee can’t sell debtor’s exempt property
A bankruptcy trustee couldn’t try to sell personal property that had been declared exempt in a Chapter 7 case, even though the debtor had undervalued the asset when she claimed the exemption, the 3rd Circuit has ruled.
