Consumer Bankruptcy

Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief

Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
Court: 
3rd Circuit›Pennsylvania›Pennsylvania Western District

‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code

The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
Court: 
7th Circuit

Bankruptcy Doesn’t Automatically Accelerate a Mortgage, State Supreme Court Says

A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.
Court: 
10th Circuit›Colorado

Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?

Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
Court: 
Supreme Court

Failing to File a Claim Has Dire Consequences for a Secured Creditor

A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.
Court: 
7th Circuit›Indiana›Indiana Northern District

Pages

© American Bankruptcy Institute. All rights reserved. ABI is a (501)(c)(3) non-profit business (52-1295453)