April 17, 2019
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
April 15, 2019
Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?
April 10, 2019
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
April 08, 2019
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.
March 08, 2019
Sanctions weren’t justified for attempting to collect a time-barred tax claim.
February 20, 2019
Arguably ignoring Sections 506(a) and 506(d), Dewsnup barred chapter 7 debtors from stripping down undersecured mortgages.
February 11, 2019
A ‘cert’ petition asks the high court to overrule Dewsnup and allow chapter 7 debtors to strip down or strip off undersecured mortgages.
January 03, 2019
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
December 13, 2018
By implication, the Eleventh Circuit would allow a general chapter 13 discharge to a debtor who defaults on direct mortgage payments, an issue where lower courts are split.
December 11, 2018
Tenth Circuit lays out the elements of denial of discharge for failure to obey an order.