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US Supreme Court clarifies bankruptcy discharge standard (access required)

POSTED: Tuesday, May 14th, 2013 at 11:43 am

BY: Pat Murphy, Dolan Media Newswires

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.

7th Circuit says inherited IRA isn’t exempt in bankruptcy (access required)

POSTED: Wednesday, May 1st, 2013 at 11:44 am

BY: Pat Murphy, Dolan Media Newswires

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.

Bankruptcy filings continue decline in 2012 (access required)

POSTED: Monday, February 11th, 2013 at 2:23 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

In a continuation of the downward trend that began in 2011, bankruptcy filings in federal courts declined during calendar year 2012, according to data released by the Administrative Office of the U.S. Courts.

US high court takes up bankruptcy misconduct case (access required)

POSTED: Tuesday, October 30th, 2012 at 12:38 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

The U.S. Supreme Court will decide whether a judgment against a debtor for breaching the terms of a trust constitutes “defalcation” under the Bankruptcy Code and therefore disqualifies that debt from a bankruptcy discharge.

New federal study makes case for student loan relief (access required)

POSTED: Monday, August 6th, 2012 at 10:23 am

BY: Pat Murphy, Dolan Media Newswires

A new federal study recommends changes in consumer protection and bankruptcy law to provide relief for those Americans saddled with a share of the country’s $1 trillion in student loan debt, largely blaming private lenders for the problem.

US Supreme Court: Bank can credit-bid at bankruptcy auction (access required)

POSTED: Monday, June 4th, 2012 at 1:28 pm

BY: KIMBERLY ATKINS, Dolan Media Newswires

Chapter 11 cramdown plans that provide for the sale of debtor’s collateral free and clear of a bank’s lien must allow the bank to credit-bid at the sale, the U.S. Supreme Court has ruled.

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