Rochelle's Daily Wire

Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.

Motions for fees must be made within 14 days of the entry of judgment.

The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.

Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.

Violating a PACA trust does not result in ‘defalcation while acting in a fiduciary capacity’ that makes a debt nondischargeable, Bankruptcy Judge Panos says, taking sides with the Eleventh Circuit.

The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.

Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.

The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.

Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.

Disputed facts can defeat invocation of judicial estoppel on summary judgment.