consumer Cases
November 5, 2020
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
November 4, 2020
10th Circuit , Utah ,
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.
November 3, 2020
Impliedly overruling the law in five circuits, the Supreme Court changed the rules for deciding when a deadline is jurisdictional, the Sixth Circuit says.
October 19, 2020
Retroactive and nunc pro tunc orders aren’t the same thing, Judge Jaime says. Orders may be retroactive when the power is implied by statute.
October 14, 2020
Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.
October 13, 2020
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
October 13, 2020
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
October 8, 2020
On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.
October 5, 2020
10th Circuit , Colorado ,
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
October 2, 2020
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).