January 19, 2016

Homestead Owned by a Trust Can Be an Exempt Homestead in Illinois

Trust must be carefully drafted in Illinois to retain the entireties exemption.

7th Circuit, Illinois, Illinois Northern District

January 15, 2016

Securities Fraud Judgment Is Automatically Nondischargeable, Circuit Says

Tenth Circuit slams securities fraudsters already nailed with default judgments.

10th Circuit

January 15, 2016

Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate

Foreclosing property not in the debtor's name sometimes can violate the automatic stay.

1st Circuit, New Hampshire

January 14, 2016

New York’s ‘Loss Mitigation’ Program Survives One Lender Attack

SDNY’s ‘loss mitigation’ program for mortgage modification may face another attack.

2nd Circuit, New York, New York Southern District

January 14, 2016

How the Bankruptcy Code Determines the Winner of a Bar Fight

Getting punched out in a bar fight might not result in a nondischargeable debt.

6th Circuit

January 13, 2016

Guardian’s Fees Not Discharged in Father’s Bankruptcy

Indiana judge parts company with other courts in helping out a guardian ad litem.

7th Circuit, Indiana, Indiana Northern District

January 12, 2016

Circuit Holds that Possession Alone Is No Grounds for Alleging a Stay Violation

Debatable Ninth Circuit opinion begs for rehearing en banc or for certiorari petition.

9th Circuit

January 12, 2016

Purchaser of Life Insurance Policy Can Be Sued for Fraudulent Transfer

Ninth Circuit gets it right on life insurance policies being property of the estate.

9th Circuit

January 11, 2016

11th Circuit Upholds $30,000 in Punitive Damages for Stay Violation

Employing nonattorneys is a false economy for debt collectors.

11th Circuit

January 11, 2016

Trustee Not Required to Investigate Claimed Exemption for Timely Fraud Objection

BAP makes life easier on trustee in objecting to exemptions.

9th Circuit