June 01, 2020
Sufficiently listing an asset anywhere in the schedules and SOFA will result in abandonment if the asset was not administered by the trustee, Utah district judge holds.
May 22, 2020
Lower courts are split on whether an exempt asset is included in the calculation of “projected disposable income” in chapter 13.
May 11, 2020
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
April 23, 2020
Two recent decisions by the 9th Circuit BAP seem in conflict on a chapter 13 debtor’s ability to retain appreciation in the value of assets.
March 26, 2020
Ninth Circuit assumed that transferred property must remain property of the estate after conversion from ‘13’ to ‘7’ before the chapter 7 trustee can avoid an unauthorized transfer under Section 549.
March 20, 2020
Even the dissenter in the Ninth Circuit would not let a debt buyer off the hook if the complaint were properly pleaded.
January 21, 2020
Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.
January 07, 2020
The Supreme Court’s Merit Management opinion fails to persuade the Second Circuit to change the result in Tribune.
December 30, 2019
Appeals court upholds finding that the mortgage securities market in 2007 was declining, not dysfunctional.
November 21, 2019
Court weighs the relative advantages of receivership versus bankruptcy in deciding whether to bar the filing of an involuntary bankruptcy.