Post-Petition Appreciation in the Value of a Home Goes to Creditors in Chapter 13
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
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Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
Courts Are Now Split on Whether a Subchapter V Debtor Must Be ‘Currently’ Engaged in Business
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
Equitable Factors Result in Disallowance of Default Interest on a Fully Secured Claim
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
Judge Name - Do not use it.
Cynthia A. Norton
Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding
The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.
Judge Name - Do not use it.
Dennis R. Dow
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
Judge Name - Do not use it.
Cynthia A. Norton
Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim
Clever strategy failed to limit a debtor’s personal liability.
Judge Name - Do not use it.
Cynthia A. Norton
Even Without a Mediation Privilege, Mediation Statement Is Protected from Discovery
Work product and opinion privileges protect mediation statement from discovery.
Judge Name - Do not use it.
Cynthia A. Norton