Chapter 13 Confirmation Bars Garnishment to Pay Child Support
BAPCPA didn’t end all restraints on the collection of child support, Eleventh Circuit holds.
Gift Cards Denied Priority Status in Delaware, Contravening Prior Delaware Decision
Delaware’s Judge Kevin Gross declines to follow prior decision by visiting judge.
California Judge Adopts Minority View on Automatic Termination of the Stay
District judge follows Ninth Circuit BAP on stay termination for serial filers.
Expenses of Jailing a Child Are Dischargeable, Ninth Circuit Holds
Ninth Circuit employs a bankruptcy case to criticize local governments for ‘self-generated revenue.’
Bankruptcy Court Has ‘Core’ Power to Enforce a Final ‘Non-Core’ Order, Circuit Says
Enforcing an Article III court’s decision on ownership is a ‘core’ proceeding, Judge Posner rules.
Fifth Circuit Clarifies Texas Law on Remand in Husky v. Ritz
Appellate court cannot draw inferences not made in the trial court, circuit says.
Debtor Left Homeless by Inability to Alter Her Homestead Exemption Claim
Arizona debtors are stuck with the homestead claimed on the filing date.
Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
Courts Split on Per-Plan or Per-Debtor Acceptance for Cramdown Confirmation
Section 1111(b) election does not require a due-on-sale clause in a restructured mortgage.
Two Circuits Tackle Rooker-Feldman in Opinions on the Same Day
Rooker-Feldman, Res Judicata and Issue Preclusion: nearly indistinguishable triplets separated at birth.