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April 17, 2018

Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.

April 10, 2018

Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

April 09, 2018

Law v. Siegel allows exempting an asset that had not been scheduled.

April 06, 2018

The battle continues in Chicago over using chapter 13 to beat parking tickets.

April 05, 2018

Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.

April 04, 2018

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

April 03, 2018

Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.

April 02, 2018

A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.