Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds
Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).
Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)
Judge relies on physics in ruling that electricity qualifies as ‘goods.’
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
Action by Three Courts Required to Settle an Appeal in the Circuit Court
Bankruptcy court approval isn’t enough to settle an appeal in the circuit court.
Barton Arises Unexpectedly to Bar a Routine Motion to Reopen
Trend continues in broadly interpreting Barton v. Barbour.
Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7
Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’
Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake
If a chapter 13 plan was mistakenly five years, no cause is required to shorten it to three years.
Sixth Circuit Pens Major Decision on Duty to Investigate Suspicions of Fraud
Madoff and Sixth Circuit have differing formulations about the ‘good faith’ defense for a recipient of a fraudulent transfer.
Creditors Get Personal Injury Proceeds Although ‘Commitment Period’ Expired
Voluntary five-year commitment period sticks the debtor with its burdens, judge holds.