May 25, 2017

Interest on Unsecured Claims Not Required in 100% Chapter 13 Plan

‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A).

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims

Class suit in Texas attacks the filing of bogus claims.

5th Circuit, Texas, Texas Southern District

May 24, 2017

Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Stale Claims

Suit in Texas attacks the filing of stale claims permitted by Midland Funding.

May 19, 2017

Lump-Sum Child Support Claim Disallowed when Debtor Was Current

‘Relationship test’ bolsters Texas judge in disallowing claim for child support.

5th Circuit, Texas, Texas Western District

May 17, 2017

Chapter 13 Debtor Held to Lack Standing to Prosecute a Claim on an Exempt Asset

Judge fails to distinguish between cases in chapter 7 and chapter 13.

7th Circuit, Illinois, Illinois Northern District

May 15, 2017

Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim

Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.

5th Circuit, Mississippi, Mississippi Northern District

May 15, 2017

Supreme Court Allows Debt Collectors to File Time-Barred Proofs of Claim

High court allows a business model that is based on the inadvertence of trustees and creditors.

Supreme Court

May 12, 2017

Latent Defects in Medical Devices Don’t Give Rise to Estate Property

Segal v. Rochelle prevented a personal injury claim from becoming estate property.

2nd Circuit, New York, New York Eastern District

May 11, 2017

Second Circuit Describes When Claims Based on Securities Are Subordinated

Lehman workers barred from making claims based on worthless stock awards.

2nd Circuit

May 09, 2017

Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns

Circuit split widens on an issue the Supreme Court has been ducking.

3rd Circuit