December 07, 2021
Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.
10th Circuit, New Mexico
December 03, 2021
Deducting a discharged loan to a child from her inheritance didn’t violate the discharge injunction.
9th Circuit
December 02, 2021
The BAP decision may have a hint that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
9th Circuit
November 29, 2021
Even when the debtors are not parties to the suit, the stay is violated when a creditor pursues an action to collect a debt owing by the debtors, so says the Ninth Circuit BAP.
9th Circuit
November 23, 2021
Stay modification is required even if the creditor wants to intervene in state court to help the bankrupt estate.
11th Circuit
November 16, 2021
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
8th Circuit, Minnesota
November 15, 2021
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
2nd Circuit, New York, New York Western District
November 08, 2021
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
11th Circuit, Florida, Florida Middle District
November 05, 2021
Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.
9th Circuit
