March 6, 2024
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
March 4, 2024
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
February 29, 2024
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
9th Circuit , Arizona ,
February 21, 2024
Any day now, the Second Circuit could create a split of circuits importuning the Supreme Court to decide whether chapter 13 trustees are paid fees even if no plan is confirmed.
February 9, 2024
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
9th Circuit , Idaho ,
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
February 2, 2024
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
February 1, 2024
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
January 31, 2024
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
January 30, 2024
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?