Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff. Read more about Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation. Read more about Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t Chapter 13 forces judges to micromanage the lives of debtors. Read more about Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says Courts disagree on lien stripping by one owner of entireties property and jointly owned property. Read more about One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Another Appellate Court Bars Arbitration of ‘Core’ Claims State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws. Read more about Another Appellate Court Bars Arbitration of ‘Core’ Claims
In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says. Read more about In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan Factors in permitting separate classification of debts include moral obligation and tangible benefit. Read more about Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
One Preference Won’t Prevent Another from Being a Preference A joint check agreement signed in the preference window is a preference, two Virginia judges say. Judge Name - Do not use it. Leonie M. Brinkema Read more about One Preference Won’t Prevent Another from Being a Preference
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13 Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property. Read more about Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity Plain language of Section 547 defeated what could have been an easily avoided preference. Judge Name - Do not use it. David M. Warren Read more about Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity