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February 06, 2020

Judge Rodriguez holds servicer and lender liable under Rule 3002.1 and the FDCPA for making a claim for unpaid real estate taxes that had been paid.

February 05, 2020

First Circuit rules that an order finding a stay violation must be appealed before the bankruptcy court grants an award of attorneys’ fees.

February 03, 2020

Michigan judges disagree about the court’s ability to consider Social Security benefits in deciding whether a chapter plan was proposed in good faith.

January 30, 2020

Careful drafting and copious documentation are required for a bifurcated fee arrangement to pass muster in chapter 7.

January 28, 2020

The Supreme Court has ducked the split twice in recent years but should tackle the question this time around.

January 27, 2020

Sixth Circuit upholds dismissal of claims for reverse veil piercing and reverse alter ego.

January 24, 2020

Courts are split on the question of whether the incorporation of AAA rules by reference allows arbitrators to decide threshold questions of arbitrability and validity of an agreement to arbitrate.

January 21, 2020

Courts are split on whether creditors in chapter 13 are entitled to the postpetition appreciation in a debtor’s property.

January 17, 2020

A creditor lost a dischargeability suit by failing to call the right witnesses to prove that a lawyer’s trust account was used to hide assets.

January 15, 2020

A later First Circuit BAP panel should follow BAP authority unless the prior opinion seems “dead wrong.”