November 23, 2020

Removing a Beneficiary of a Revocable Trust Isn’t a Fraudulent Transfer

An expectancy interest in a trust isn’t “property” to underlay a fraudulent transfer suit.

9th Circuit, California, California Central District

November 20, 2020

Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy

Sometimes, being too aggressive backfires when the defendant files bankruptcy.

3rd Circuit, Pennsylvania, Pennsylvania Western District

November 18, 2020

Federal Credit Union Held to Be a ‘Governmental Unit’ for All Purposes

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.

10th Circuit, New Mexico

November 17, 2020

Courts Split on Paying Chapter 13 Trustee Fees in Cases Dismissed Before Confirmation

Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.

2nd Circuit, New York, New York Eastern District

November 12, 2020

Jointly Owned Property Is Presumptively Community Property in California

Title doesn’t control: Jointly owned property is nonetheless community property in a dispute with a bankruptcy trustee, the California Supreme Court says.

9th Circuit, California

November 11, 2020

Filing in a State Doesn’t Always Require Claiming Exemptions Under that State’s Laws

The Ninth Circuit BAP explained that debtors may claim exemptions under the law of the state where they are domiciled, which may not be where they filed or reside.

9th Circuit

November 10, 2020

Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

9th Circuit

November 09, 2020

Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

4th Circuit, North Carolina, North Carolina Western District

November 05, 2020

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

9th Circuit

November 04, 2020

Deceased Chapter 13 Debtor Excused from Taking Financial Management Course

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

10th Circuit, Utah