Consumer Bankruptcy

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.

Court :

6th Circuit

Ohio

Ohio Northern District

Debtor Still Protected by Automatic Stay Even after Right of Redemption Terminates

Ninth Circuit’s Tracht Gut opinion limited to its facts by the BAP.

Court :

9th Circuit

Monday, February 6, 2017

Article Tags

Consumer Bankruptcy

Business Reorganization

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Friday, February 3, 2017

Article Tags

Claims

Bankruptcy Litigation

Practice and Procedure

Consumer Bankruptcy

Consumer Debt

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Fourth Circuit Follows Pre-Code Law Despite Contrary Legislative History

A bank deposit is only a substitution, not a transfer of property, circuit holds.

Court :

4th Circuit

Paying for a Car in Full and Having Exclusive Possession Don’t Result in Ownership

Strict adherence to Michigan law required for ownership of an automobile.

Court :

6th Circuit

Michigan

Michigan Eastern District

A Proper Foreclosure Sale Can Never Be a Preference, Judge Holds

Despite gaining more than through chapter 7, purchasing at foreclosure is no preference.

Court :

3rd Circuit

Pennsylvania

Pennsylvania Western District

Monday, January 30, 2017

Article Tags

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