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.
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.
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.
Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds
Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’
Collecting Criminal Restitution Does Not Violate the Automatic Stay
Three circuits permit collection of criminal restitution despite the automatic stay.
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.
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.
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Unperfected mortgage can be perfected after discharge, BAP implies.
Did the Supreme Court Hint that Bankruptcy Venue Is Too Broad?
The Bristol-Myers decision on state class actions may eventually affect bankruptcy venue.
Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay
Section 105(a) was utilized because Section 1301 is silent on sanctions.