Another Workaround Following the Prohibition of Nunc Pro Tunc Orders The Supreme Court hasn’t prohibited paying counsel fees for services rendered before the entry of a retention order, Judge Preston says. Read more about Another Workaround Following the Prohibition of Nunc Pro Tunc Orders
Large Medical Bills Held Not to Be ‘Consumer’ Debts Courts are split on whether large medical bills are consumer debts that invoke the means test and can bar relief in chapter 7. Read more about Large Medical Bills Held Not to Be ‘Consumer’ Debts
Another Judge Clamps Down on Third-Party Releases in a Major Reorganization Extinguishing contingent environmental claims doesn’t comply with the Sixth Circuit’s Dow Corning test, Judge Koschik says. Judge Name - Do not use it. Bankruptcy Judge Alan M. Koschik, Bankruptcy Judge Michael E. Wiles Read more about Another Judge Clamps Down on Third-Party Releases in a Major Reorganization
FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy A debtor collector’s knowledge or intent aren’t elements of a claim under the FDCPA. Judge Name - Do not use it. Patricia A. Gaughan Read more about FDCPA Plaintiffs Aren’t Required to Plead the Debt Collector’s Knowledge of Bankruptcy
Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties Judge Buchanan collects authorities on all sides of two questions befuddling courts everywhere. Judge Name - Do not use it. Beth A. Buchanan Read more about Courts Hopelessly Split on Modifying Mortgages on Mixed-Use Residential Properties
Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans Why must the system require a trial to discharge student loans by a debtor in hopeless circumstances? Judge Name - Do not use it. Mary Ann Whipple Read more about Functionally Illiterate, Disabled Debtor Succeeds in Discharging Student Loans
Trustees Don’t Get a Second Bite at the Abandonment Apple The debtor, not the trustee, can profit from a secured creditor’s mistakes. Judge Name - Do not use it. James L. Graham Read more about Trustees Don’t Get a Second Bite at the Abandonment Apple
Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds Although not required to file claims, secured creditors must comply with the deadline if they do. Judge Name - Do not use it. Mary Ann Whipple Read more about Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds
‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases Bankruptcy court can make a final order disallowing an unfiled claim under state law. Judge Name - Do not use it. Alan M. Koschik Read more about ‘Core’ Jurisdiction Exists over Claim Allowance Even in ‘No Asset’ Cases
Courts Divided on Contempt Sanctions as Automatically Nondischargeable Showing intentional violation of court order isn’t enough for nondischargeability. Judge Name - Do not use it. C. Kathryn Preston Read more about Courts Divided on Contempt Sanctions as Automatically Nondischargeable