In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
Court:
Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
Court:
Judge Harner Pens a Primer on the Elements of an Executory Contract
Unperformed obligations must be ‘material’ for a contract to be executory.
Court:
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
Court:
Fourth Circuit Conflicts with the Fifth on Loss of Chapter 7 Exemptions after Filing
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
Court:
Romance Can Lead to Marriage, but Not to a Nondischargeable Debt
Infatuation negates reliance in alleged fraud between lovers.
Court: