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ABI Journal

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 Circuit

March 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 Circuit

March 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 Circuit

March 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 District

March 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 District

February 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 District

February 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 Circuit

February 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 District

February 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, Hawaii

February 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