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Home
April 17, 2018
Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit
Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.
9th Circuit
April 10, 2018
Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
1st Circuit
,
Massachusetts
Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
4th Circuit
,
North Carolina
,
North Carolina Eastern District
April 09, 2018
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
2nd Circuit
,
New York
,
New York Western District
April 06, 2018
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.
7th Circuit
,
Illinois
,
Illinois Northern District
April 05, 2018
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
2nd Circuit
,
New York
,
New York Eastern District
April 04, 2018
Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.
7th Circuit
,
Wisconsin
,
Wisconsin Western District
April 03, 2018
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
2nd Circuit
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
11th Circuit
April 02, 2018
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
4th Circuit
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