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January 19, 2024

District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.

January 18, 2024

Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.

January 11, 2024

Bankruptcy court disregards SEC regulations defining ‘voting securities’ in deciding whether a Subchapter V debtor has ‘affiliates’ in bankruptcy.

December 11, 2023

Some authority from the Supreme Court suggests that a contempt order without imposition of attorneys’ fees would not be final in a bankruptcy case.

November 14, 2023

Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.

November 10, 2023

Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.

October 27, 2023

Title lenders continue losing battles to take cars away from debtors, but the lenders have yet to plead and prove their best cases.

October 13, 2023

Bankruptcy Judge Russin declines to follow the Third Circuit and adopts the conclusion of bankruptcy courts holding that Sub S status is estate property.

September 18, 2023

The BAPCPA amendments in 2005 did not abrogate the absolute priority rule for individuals in chapter 11, Bankruptcy Judge Russin says.

August 29, 2023

The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.