Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
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Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
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Boston Judge Allows Conversion to Chapter 13 Just to Prevent the Sale of a Home
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
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‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers
Delaying confirmation wasn’t grounds to abstain.
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Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
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‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement
Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.
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For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
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Banks Admonished to File Foreclosure Deeds Promptly, or Else
Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.
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Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13
District judge hopes novel theories of equity will permit forced vesting.
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Releases Don’t Bind a Trustee Suing on a Creditor’s Claim under Section 544(b)
Trustee evaded a release by suing on an actual creditor’s claim under Section 544(b).
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