November 08, 2019
Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.
November 07, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
November 06, 2019
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
October 30, 2019
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.
October 23, 2019
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
October 22, 2019
Fifth Circuit panel does not interpret recent Supreme Court authority as overruling circuit opinions allowing bankruptcy courts to disregard arbitration agreements.
October 18, 2019
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
October 17, 2019
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.