August 23, 2024
Revesting allowed chapter 13 debtors to retain property that was innocently undisclosed.
August 8, 2024
Motions for fees must be made within 14 days of the entry of judgment.
June 25, 2024
The circuits are split on whether a creditor has an ‘unfettered’ right to join as an involuntary petitioner.
May 16, 2024
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
April 23, 2024
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.
December 13, 2023
The standard for defeating equitable disgorgement is lower than the proof required to fend off receipt of a fraudulent transfer.
September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
August 30, 2023
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
March 3, 2023
Federal courts have no jurisdiction to review decisions by Puerto Rico’s Oversight Board regarding the reduction of pension benefits.
March 1, 2023
Disputed facts can defeat invocation of judicial estoppel on summary judgment.