New Cases For the Week of April 7, 2003 - April 11, 2003

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April 11, 2003

Case

Court

Holding

In re Blair
(DBN Subscription Required)
9th Cir. BAP § 105(a) does not permit the bankruptcy court to grant a partial discharge of student loan debt without first finding "undue hardship."

April 7, 2003

Case

Court

Holding

In re Barron
(DBN Subscription Required)
5th Cir. To disturb a prior Court-approved contingency fee agreement in a bankruptcy case, the evidence must show that intervening circumstances must have been incapable of anticipation, not merely unanticipated.  The bankruptcy court erred in refusing to approve payment under a Court-approved contingency agreement.

Dissent: "A pox on all of their houses."

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