BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender ‘Stay and pay’ may not be permissible, but the remedies can be toothless. Judge Name - Do not use it. Phillip J. Shefferly Read more about BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
“Substantial Contribution” Claim Allowed in Chapter 13 Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11. Judge Name - Do not use it. Paul D. Borman Read more about “Substantial Contribution” Claim Allowed in Chapter 13
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications. Judge Name - Do not use it. Thomas J. Tucker Read more about Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Narrow Ipso Facto Clauses Can Be Unenforceable Code provisions voiding ipso facto clauses are interpreted broadly. Judge Name - Do not use it. Mark A. Goldsmith Read more about Narrow Ipso Facto Clauses Can Be Unenforceable
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property District judge refuses to give automatic stay protection to a tax evader. Judge Name - Do not use it. Mark A. Goldsmith Read more about Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
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. Judge Name - Do not use it. Mark A. Randon Read more about Judge Finds Several Reasons to Relieve Debtor of Counsel’s Mistake
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. Judge Name - Do not use it. Thomas J. Tucker Read more about Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership
‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership Findings of fact determine whether bankruptcy court can enter a final order. Judge Name - Do not use it. Matthew F. Leitman Read more about ‘Summary Jurisdiction’ Resurrected to Permit Final Order on Property Ownership
Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection Personal financial stake required before creditor can file discharge complaint. Judge Name - Do not use it. Marianne O. Battini Read more about Creditor Holding Nondischargeable Debts Lacks Standing for Discharge Objection
Award of Attorneys’ Fees to the Government Is a Dischargeable Debt Section 523(a)(7) interpreted narrowly in a fee-shifting dispute. Judge Name - Do not use it. David M. Lawson Read more about Award of Attorneys’ Fees to the Government Is a Dischargeable Debt