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June 22, 2023

Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.

June 21, 2023

The Fourth Circuit agreed with the Sixth and Ninth Circuits by allowing chapter 13 debtors to deduct their actual mortgage expenses, not limited by the local standard mortgage deduction.

June 06, 2023

In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.

June 01, 2023

Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.

May 31, 2023

The concurring opinion, which is really a dissent, urges the Supreme Court to grant certiorari and resolve the split of circuits on nondebtor releases.

May 25, 2023

Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.

May 24, 2023

An appraisal was rejected entirely as being ‘inherently unreliable’ when it gave the client the value that the client wanted.

May 23, 2023

The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.

April 19, 2023

A BAP strictly enforced the stay against a mortgage servicer who improperly listed a pre-petition debt in the portion of the monthly statement showing the next post-petition payment.

April 14, 2023

A terse Second Circuit order seems to mean that a stay of a confirmation order pending appeal granted in district court can’t be appealed to the circuit, at least when the appeal is being expedited.