Consumer Bankruptcy

Bankruptcy Court Can Rule on Personal Injury Claim with Creditor’s Implied Consent

Supreme Court held that Section 157(b)(5) is not jurisdictional, Delaware district judge says.

Court :

Thursday, June 22, 2017

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Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

Court :

6th Circuit

USTP’s Activities Highlighted in Testimony Before Congress

Aug 2017

Topic Tags

Corporate Governance

Financial Advisors

Professional Compensation/Fees

Consumer Bankruptcy

Mortgage

Reasonable Search and Seizure: Balancing a Trustee’s Duties Against the Fourth Amendment

Bankruptcy Code

Topic Tags

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.

Court :

6th Circuit

Michigan

Michigan Eastern District

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

Court :

2nd Circuit

New York

New York Eastern District

Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure

Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

Court :

Success Rates in Chapter 13

Aug 2017

Bankruptcy Code

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

Topic Tags

Consumer Bankruptcy

Chapter 11 Conversion Conundrum: Should Post-Petition, Pre-Conversion Property Remain Property of the Chapter 7 Estate in a Converted Individual Chapter 11 Case?

Bankruptcy Code

Topic Tags

Practice and Procedure

Consumer Bankruptcy

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