October 01, 2019

Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already

Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.

3rd Circuit, New Jersey

September 16, 2019

Seventh Circuit Splits with the First Circuit on Sufficiency of Financing Statements

Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.

7th Circuit

August 23, 2019

Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

August 08, 2019

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.

9th Circuit

Ninth Circuit BAP Squarely Upholds ‘Chapter 20’: No Lien and No Claim Survive

BAP reversed the bankruptcy court’s ruling that personal liability on a discharged debt was resurrected in ‘chapter 20.’

9th Circuit

August 07, 2019

A Judgment Lien on Entireties Property Isn’t Avoidable in Illinois, Seventh Circuit Says

A judicial lien impairing a homestead exemption is avoidable in some states under Section 522(f), but not in others.

7th Circuit, Illinois

July 16, 2019

Liquidation Value Required in a Chapter 12 Cramdown

Idaho judge seems to disagree with the Second Circuit’s ruling that a chapter 12 debtor can surrender less than all of the collateral to confirm a plan.

9th Circuit, Idaho

June 10, 2019

Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

11th Circuit, Florida, Florida Southern District

May 29, 2019

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

4th Circuit

May 22, 2019

‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District