March 10, 2022
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
9th CircuitMarch 09, 2022
Bankruptcy Is a Big Risk for Unmarried Couples Who Split Up
Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.
7th CircuitMarch 08, 2022
Debtors Get Mortgage Interest Deduction They Didn’t Pay in a Short Sale
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
9th CircuitMarch 07, 2022
Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
6th Circuit, Ohio, Ohio Northern DistrictMarch 03, 2022
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
2nd Circuit, New York, New York Eastern DistrictFebruary 25, 2022
The Two-Year Complaint Deadline Can’t Be Extended Without Notice to Defendants
Equitable tolling can extend the two-year deadline for filing complaints, but the deadline can’t be extended without notice to the defendants, even if they are unknown or unknowable.
9th Circuit, California, California Central DistrictFebruary 15, 2022
District Court Says Chapter 13 Trustee Is Paid Even if Dismissal Precedes Confirmation
District judge in Idaho finds no ambiguity in a statute that doesn’t explicitly say whether a chapter 13 trustee is paid if the case is dismissed before confirmation.
9th CircuitFebruary 14, 2022
Chapter 13 Can Shield Preferences from Recovery
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.
7th Circuit, Illinois, Illinois Southern DistrictFebruary 11, 2022
Chapter 13 Plan that Cures Arrears Pays Interest on Unpaid Principal, Judge Faris Says
Interest, if any, due on arrears cured under a plan derives from the loan documents and state law.
9th Circuit, HawaiiFebruary 10, 2022
Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)
Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’
7th Circuit