December 05, 2017

Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says

Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.

10th Circuit

December 04, 2017

Judge Describes an ‘Important Tool’ to Deal with Incompetent Debtor’s Counsel

Judges uses Section 329(a) to vacate a contingency lien for more than the value of the lawyer’s services.

9th Circuit, California, California Eastern District

December 04, 2017

Supreme Court Won’t Decide a Circuit Split on Garnished Wages as Preferences

Fifth Circuit held that wages garnished within 90 days of bankruptcy are preferences.

Supreme Court

December 01, 2017

Ninth Circuit Bars Switching Homestead Exemption After Filing

Arizona debtor left homeless despite Bankruptcy Rule 1009(a).

9th Circuit

November 30, 2017

Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy

There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.

Supreme Court

November 29, 2017

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

7th Circuit, Illinois, Illinois Northern District

November 28, 2017

The Unlimited Wedding Ring Exemption Has Some Limits, Illinois Judge Says

Opinion traces the thousand-year history of wedding and engagement rings.

7th Circuit, Illinois, Illinois Northern District

November 27, 2017

Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell

Estate property must be formally abandoned before the power of sale reverts to the debtor.

2nd Circuit, New York, New York Southern District

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 22, 2017

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit