Practice and Procedure

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Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors

Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.

Court :

1st Circuit

New Hampshire

Are Bankruptcy Courts Sanctioned to Sanction?

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Practice and Procedure

Venue/Jurisdiction

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

Court :

11th Circuit

A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

Court :

6th Circuit

Michigan

Michigan Eastern District

Buyer’s Remorse: How § 362(d)(4) Facilitates Fraud

Bankruptcy Code

Topic Tags

Bankruptcy Litigation

Fraud

Practice and Procedure

Consumer Bankruptcy

Mortgage

Real Estate

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

Court :

10th Circuit

Colorado

Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim

Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.

Court :

9th Circuit

Hawaii

No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says

Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.

Court :

1st Circuit

Puerto Rico

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