March 22, 2017

Sixth Circuit Widens Split on Mooting Appeals from Sale Orders

Equity is required to claim a homestead exemption, Sixth Circuit holds.

6th Circuit

March 17, 2017

Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments

Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.

7th Circuit, Illinois, Illinois Northern District

March 15, 2017

Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules

Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

5th Circuit

March 14, 2017

Courts Split on Allowing Credit Counseling on the Same Day but After Filing

Judge follows statutory language that didn’t achieve the result Congress intended.

4th Circuit, North Carolina, North Carolina Western District

March 10, 2017

Florida Judge Plunges into the Split on Enforcing Arbitration Agreements

Debtor must arbitrate a violation of the discharge injunction.

March 10, 2017

Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan

Bankruptcy court disregards district court opinion on redemption of pawned property.

March 09, 2017

Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery

Ninth Circuit majority goes for a difficult issue when an easier answer was available.

9th Circuit

March 08, 2017

Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify

Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.

6th Circuit

March 06, 2017

Paying a Retainer by Credit Card Does Not by Itself Violate Section 526(a)(4)

Judge ok’s scheme sticking a credit card lender with the retainer for the debtor’s lawyer.

March 03, 2017

Undervaluing One Asset Can Result in Denial of Discharge, Fourth Circuit Holds

Financial professional was held to a higher standard in valuing estate assets.

4th Circuit