A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds
Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.
Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
Strict adherence to Michigan law required for ownership of an automobile.
Bankruptcy Management Solutions’ Exclusive Banking Arrangement Upheld in Seventh Circuit
Circuit Judge Posner finds no Bank Holding Company Act violation in exclusive use of Rabobank NA.
Veterans’ Benefits Are Included in Calculating ‘Disposable Income’ in Chapter 13
Congress must address unfairness to veterans, Judge Susan Kelley says.
Clever Pleading Won’t Allow Individual Creditors to Sue, Madoff District Judge Says
Decision draws the line between common claims and those particular to individual creditors.
BAP Gives Trustee a Heavy Burden to Prove Fraudulent Exemption Planning
Amendments in 2005 didn’t result in a cakewalk for a trustee aiming to reduce a homestead exemption.
Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13
District judge hopes novel theories of equity will permit forced vesting.
Explicit Provision Required to Maintain Secured Status in a Plan
Creditor lost secured status by sloppy drafting.
No Subordination in Ninth Circuit for a Stock Conversion Claim
Sympathy for the creditor arguably drove appeals court not to invoke subordination.
Assets Are Sold Free & Clear of Debtor’s Insurance Experience Rating
New Hampshire judge follows the First Circuit BAP in keeping down a buyer’s insurance premiums.