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January 25, 2022

The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?

January 21, 2022

Can a state law properly decree when a debtor’s property drops out of the estate?

January 18, 2022

Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?

January 13, 2022

The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.

January 10, 2022

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).

January 07, 2022

The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.

January 05, 2022

Circuit courts differ on their understanding of Supreme Court precedent and are now split 3/3 on whether a real estate tax foreclosure can be set aside as a constructive fraudulent transfer.

December 22, 2021

At the courthouse, the public is only entitled to free access to papers filed in that district.

December 14, 2021

Interpreting the hanging paragraph in Section 523(a), the Ninth Circuit sticks to the Beard test in deciding whether something is close enough to a tax return to justify discharging a tax debt.

December 13, 2021

District judge in Colorado sides with the majority and doesn’t allow a chapter 13 trustee to be paid if dismissal occurs before plan confirmation.