Skip to main content
ABI Journal

Rochellel's Daily Wire

November 14, 2019

Seventh Circuit Holds that Parking Tickets and Fines Are Chapter 13 ‘Admin’ Expenses

Appeals courts won’t allow bankruptcy to shield debtors from paying parking tickets and fines incurred in the course of a chapter 13 case.

7th Circuit

November 13, 2019

A Motion to Dismiss an Involuntary Petition Only Postpones Filing a Creditor List

Ninth Circuit BAP balances the need for quickly dealing with an involuntary petition against the petitioners’ right to discovery and a list of creditors.

9th Circuit

November 12, 2019

First and Second Circuits Agree: Trustees Alone May Sue Ponzi Scheme Net Winners

Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.

1st Circuit

November 08, 2019

Courts Reject BAP Opinion on Estate Property When Individuals Convert from 11 to 7

Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.

9th Circuit, Arizona

November 07, 2019

One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says

Courts disagree on lien stripping by one owner of entireties property and jointly owned property.

4th Circuit, Virginia, Virginia Eastern District

November 06, 2019

Courts Ignore Farrey to Achieve an Equitable Result in a Matrimonial Bankruptcy

In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.

11th Circuit, Florida, Florida Southern District

November 05, 2019

Case Shows How Taggart Tilted the Scale Toward Lenders Accused of Contempt

An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.

6th Circuit, Michigan, Michigan Western District

November 04, 2019

If It’s Consensual, a Plan Can Discharge a Nondischargeable Debt

A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.

9th Circuit, California, California Eastern District

November 01, 2019

BAP Opinion Shows How Taggart Changes the Outcome of Contempt Motions

Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.

9th Circuit

October 31, 2019

Circuit Split Narrows on the Automatic Stay and Turnover of Repossessed Cars

Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.

3rd Circuit