February 27, 2025
Whoever was overwithheld is entitled to the IRS refund when one spouse doesn’t file, Judge Michael Slade says.
February 14, 2025
While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.
February 13, 2025
In transferring venue of a related case under Rule 1014(b), the bankruptcy court can move sua sponte and need not await a venue motion by a creditor or party in interest.
February 12, 2025
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
February 03, 2025
The Fifth Circuit undertook a legal analysis of a complex loan agreement to decide there was no ‘fair ground of doubt’ under Taggart that the lender was violating the discharge injunction.
January 29, 2025
Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.
January 28, 2025
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
January 27, 2025
In New Jersey, a trustee’s hypothetical judicial lien has priority over a judgment lien if the judgment lienholder has not made a levy on the property.
January 08, 2025
To obtain a judgment lien, filing a UCC financing statement is no substitute for docketing a judgment.
January 07, 2025
Bartenwerfer held to make a debt nondischargeable as to someone who was neither a partner nor an agent.