Practice and Procedure

Financial Expert Presentation: A Virtual Mock Hearing

Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep

The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.

Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations

North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).

Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees

Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.

Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit

A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.

Deceased Chapter 13 Debtor Excused from Taking Financial Management Course

Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.

Benchnotes December 2020

Dec 2020

Judge Isgur Sides with the Third Circuit and Allows Makewhole Premiums

Creditors are entitled to ‘default interest’ when the debtor is solvent.