Consumer Bankruptcy

Objections to Priority Claims May Follow Confirmation of a Chapter 13 Plan

Confirming a chapter 13 plan on the assumption that a claim was entitled to priority didn’t bar the debtors from later objecting to the priority of the claim.

Court :

7th Circuit

Wisconsin

Wisconsin Eastern District

Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says

Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.

Court :

11th Circuit

Issue and Claim Preclusion Didn’t Bar Challenging a Lien Previously Considered Valid

Newly applicable law permitted a chapter 13 debtor to cram down a lien that the debtor previously had considered to be valid.

Court :

3rd Circuit

Delaware

Estate Claims Can’t Be Sold for Trivial Recovery by Unsecured Creditors

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

Court :

2nd Circuit

New York

New York Eastern District

Tuesday, September 21, 2021

Article Tags

Consumer Bankruptcy

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Will Courts Be Ready When Home Foreclosure Moratoriums End?

Jan 2022

Bankruptcy Code

CHAPTER 13 - Adjustment of Debts of an Individual with Regular Income

Topic Tags

Consumer Bankruptcy

Consumer Debt

Mortgage

Texas Judge Disagrees with Second Circuit on Sanctions for Violating Rule 3002.1

Bankruptcy Judge Eduardo Rodriguez explained why the Second Circuit was wrong in ruling that violators of Rule 3002.1 are only liable for compensatory damages.

Court :

2nd Circuit

New York

New York Southern District