Bullard: Back to the Basics(1) – Part II of II

By Trevor Bond, law clerk to Chief Judge Cynthia A. Norton in the Western District of Missouri Bankruptcy Court
click here for Part I

PART II

The Million Dollar Question

Before checking off the appellate requirements, a lawyer must first answer the million dollar question: Is the bankruptcy court’s decision final or interlocutory? Despite those who said otherwise, Bullard did little to change this analysis. There are some . . .

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By The Honorable William Houston Brown (Retired) Hardship discharge denied. Section 1328(b)’s requirements for hardship discharge are conjunctive and failure to satisfy any one of three conditions results in denial. Reviewing judicial decisions on requirements of the statute, the court considered “the extent of a debtor’s accountability and degree of control; the substantiality and foreseeability of the changed circumstances at...

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By Wm. Houston Brown, United States Bankruptcy Judge (Retired) Discharge - Paying more than original loan balance would be undue hardship. The 59-year old debtor employed in aging and disability services couldn’t maintain a minimal living standard without discharge of substantial portion of student loan debt. The Court identified factors included in “minimal standards” in modern American society and found...

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Bullard: Back to the Basics(1) – Part II of II

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Congress, It’s Time to Get Rid of That Stupid Means Test

What Else Does the Code Say About Interest and Unsecured Debts?

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