Valuation Date Chosen to Avoid ‘Gamesmanship’ Early valuation aids a debtor in stripping off during an up market. Judge Name - Do not use it. Brendan L. Shannon Read more about Valuation Date Chosen to Avoid ‘Gamesmanship’
Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals Chapter 13 debtor lawyers are paid when cases dismiss rather than convert. Judge Name - Do not use it. Henry J. Boroff Read more about Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee. Judge Name - Do not use it. Phillip J. Shefferly Read more about Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Courts Split on Stripping Down Partially Commercial Mortgages Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition. Judge Name - Do not use it. Paul R. Warren Read more about Courts Split on Stripping Down Partially Commercial Mortgages
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
Potential Tort Claims Are Not Estate Property Not knowing a cause of action exists sometimes keeps a tort claim out of the estate. Judge Name - Do not use it. Robert E. Grossman Read more about Potential Tort Claims Are Not Estate Property
Lower Courts Split on Nondischargeability of Education-Related Loans New York judges narrowly define ‘educational benefit’ to discharge student loans. Judge Name - Do not use it. Carla E. Craig, Robert E. Grossman Read more about Lower Courts Split on Nondischargeability of Education-Related Loans
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning High court should revisit Kelly v. Robinson from 1986, circuit court says. Judge Name - Do not use it. John B. Owens Read more about Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
Courts Split on Chapter 13 Debtors’ Rights under Section 108(b) Chattanooga judge takes pity on a debtor about to lose her home in a tax sale. Judge Name - Do not use it. Nicholas W. Whittenburg Read more about Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7 Question left open in Harris v. Viegelahn decided against debtor in chapter 11. Judge Name - Do not use it. John Z. Lee Read more about Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7