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 CircuitNovember 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 CircuitNovember 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.
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, ArizonaNovember 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 DistrictNovember 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 DistrictNovember 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 DistrictNovember 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 DistrictNovember 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 CircuitOctober 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