January 31, 2017

Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership

Strict adherence to Michigan law required for ownership of an automobile.

6th Circuit, Michigan, Michigan Eastern District

January 30, 2017

Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit

Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.

7th Circuit

January 30, 2017

Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13

Congress must address unfairness to veterans, Judge Susan Kelley says.

7th Circuit, Wisconsin, Wisconsin Eastern District

January 27, 2017

BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning

Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.

8th Circuit

January 26, 2017

Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13

District judge hopes novel theories of equity will permit forced vesting.

1st Circuit, Massachusetts

January 26, 2017

Explicit Provision Required to Maintain Secured Status in a Plan

Creditor lost secured status by sloppy drafting.

7th Circuit, Illinois, Illinois Northern District

January 23, 2017

Involuntary Debtor’s Flim-Flam Turns Off a Court of Equity

Involuntary debtor wins on one equitable principle, only to lose on another.

6th Circuit

January 20, 2017

Typical Fannie/Freddie Mortgages Can’t Be Crammed Down, Fourth Circuit Says

Escrows and miscellaneous proceeds held to be real property, not additional collateral.

4th Circuit

January 17, 2017

Supreme Court Hears Argument on Stale Claims and the FDCPA

Debtors have an uphill fight for the Supreme Court to ban the filing of stale claims.

Supreme Court

January 13, 2017

Preference Law Held Not to Have Extraterritorial Application

New York’s Judge Bernstein delves into the splits on extraterritoriality.

2nd Circuit, New York, New York Southern District