July 31, 2017

Florida Judge Narrowly Interprets Eleventh Circuit’s Failla Decision on Surrender

Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.

11th Circuit, Florida, Florida Southern District

July 28, 2017

Exempt Assets Aren’t Always Exempt in Chapter 13

Courts are split on including some exempt assets into the calculation of disposable income.

5th Circuit, Texas, Texas Western District

July 26, 2017

Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue

Chapter 11 committees achieve standing more readily than chapter 13 debtors.

1st Circuit, Massachusetts

July 24, 2017

IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13

Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.

5th Circuit

July 20, 2017

Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds

A ‘no harm, no foul’ stay violation is harmless error.

5th Circuit

July 17, 2017

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

6th Circuit

July 14, 2017

Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property

Tenth Circuit is in the minority by requiring affirmative action for a stay violation.

July 13, 2017

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

9th Circuit

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

9th Circuit

July 10, 2017

Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?

Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.