consumer Cases
August 19, 2024
Local rules and local standard plans cannot force a chapter 13 debtor to disregard one of the options in Section 1327 and require revesting of estate assets on discharge.
August 13, 2024
In practical effect, the Second Circuit’s opinion means that a chapter 7 debtor may never appeal denial of a motion to dismiss a petition.
August 12, 2024
A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.
August 8, 2024
Motions for fees must be made within 14 days of the entry of judgment.
August 2, 2024
The majority in the Fourth Circuit based a bright-line rule on the presence of the word ‘the’ in Section 327(a).
August 1, 2024
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
July 31, 2024
Tyler was applied retroactively because the debtor’s efforts to set aside a tax foreclosure judgment were ‘in the pipeline’ when bankruptcy began.
July 29, 2024
The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.
July 24, 2024
Bankruptcy Judge Paul Black denied a motion to compel arbitration but didn’t decide whether he would certify a class.
July 22, 2024
The Ninth Circuit BAP rebelled against the Supreme Court’s departure from the statute in Kelly v. Robinson on dischargeability under Section 523(a)(7).