October 3, 2019
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
October 2, 2019
Florida case raises the question of whether the Supreme Court will eventually give bankruptcy a general exemption from arbitration, or an exemption only for core proceedings.
September 27, 2019
District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.
1st Circuit , Maine ,
September 25, 2019
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
September 24, 2019
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
September 20, 2019
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
September 18, 2019
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
September 17, 2019
Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.
September 12, 2019
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
August 30, 2019
An action that could violate the FDCPA may not be a violation of the discharge injunction.