July 07, 2017

Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13

Courts split on inclusion of life insurance proceeds in a chapter 13 estate.

11th Circuit, Florida, Florida Middle District

July 06, 2017

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

6th Circuit

July 03, 2017

Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay

Section 105(a) was utilized because Section 1301 is silent on sanctions.

8th Circuit, Iowa, Iowa Northern District

June 30, 2017

District Judge Okays Extraterritorial Application of a State’s Exemptions

Liberal exemptions save the day for debtors who moved before filing.

June 29, 2017

Means Test Applies in a Chapter 7 Case Converted from Chapter 13, Circuit Rules

Eleventh Circuit relies on the ‘evolution’ of Section 707(b) to proscribe an evasion of the means test.

11th Circuit

June 27, 2017

Look Forward 5 Years, Not 25, on Debtor’s Inability to Repay Student Loans, Judge Says

Term of the loan is the ‘relevant period’ for judging student loan dischargeability.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

June 26, 2017

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

3rd Circuit, Delaware

June 22, 2017

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

6th Circuit

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District

June 21, 2017

Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment

Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

6th Circuit, Michigan, Michigan Eastern District