Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status Judge Sarah Hall declined to expand the exception in Reading for post-petition claims to have administrative status. Read more about Otherwise Valid Post-Petition Claims Sometimes Won’t Qualify for Administrative Status
Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal. Read more about Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal
Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization Misconduct in the prior chapter 11 case barred debtors from proceeding as a small business reorganization under subchapter V of chapter 11. Read more about Subchapter V Isn’t Always an Antidote for a Failing Chapter 11 Reorganization
Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption. Judge Name - Do not use it. R. Kimball Mosier, Sarah A. Hall Read more about Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure Proving occurrence of rape evidently does not carry a presumption of intent to injure. Judge Name - Do not use it. Sarah A. Hall Read more about Debt for Rape Is Dischargeable Without Proof of Subjective Intent to Injure
Bankruptcy Court Stays Out of the Repo Business The repo man will face no competition from the bankruptcy court. Judge Name - Do not use it. Sarah A. Hall Read more about Bankruptcy Court Stays Out of the Repo Business