May 30, 2024
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
May 29, 2024
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
May 28, 2024
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
May 23, 2024
Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.
May 20, 2024
A lender was filing baseless dischargeability complaints believing that the impecunious debtors would default or settle.
May 16, 2024
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
May 13, 2024
The same question has been sub judice in the Second Circuit for 15 months. Is the Second Circuit on the cusp of making a circuit split?
May 10, 2024
The Ninth Circuit BAP holds that nondischargeability of student loans in Section 523(a)(8) isn’t ‘self-executing.’
April 24, 2024
The lack of perfection of a federal tax lien did not mean that the entireties interest was exempt under Section 522(b)(3).
April 17, 2024
Judge Mary Ann Whipple declined to engraft a ‘use’ restriction onto the broad meaning of ‘motor vehicle’ in Ohio.