Debtor May Not Benefit from His Own Fraudulent Transfer Exemption cannot be claimed in a home recovered as a fraudulent transfer. Judge Name - Do not use it. Marvin Isgur Read more about Debtor May Not Benefit from His Own Fraudulent Transfer
Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2). Judge Name - Do not use it. Eduardo V. Rodriguez Read more about Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage
Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7 Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules. Judge Name - Do not use it. Melinda Harmon Read more about Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel Conversion to chapter 7 bars judicial estoppel on claim arising after filing. Judge Name - Do not use it. David C. Godbey Read more about District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Austin Judge Writes Treatise on Valuation of Personal Property Lender needs more than Blue Book value to win a valuation trial. Judge Name - Do not use it. Tony M. Davis Read more about Austin Judge Writes Treatise on Valuation of Personal Property
Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction Unartful complaint didn’t prove fatal on a change-of-venue motion. Judge Name - Do not use it. Rodney Gilstrap Read more about Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction
Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption. Judge Name - Do not use it. Eduardo V. Rodriguez Read more about Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees. Judge Name - Do not use it. Marvin Isgur Read more about Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds Restriction on post-confirmation suits is further limited in the Fifth Circuit. Judge Name - Do not use it. Jeff Bohm Read more about United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds
Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11 Judge lays down a tough rule, then goes easy on consumer debtors. Judge Name - Do not use it. Tony M. Davis Read more about Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11