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Rochelle's Daily Wire | ABI Exclusive
July 8, 2019
Different Rules Govern When Claims Accrue By or Against an Estate
Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.
September 24, 2018
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
August 6, 2018
Penalty for Early Withdrawal from a Retirement Account Is Not a Priority Tax Claim
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
May 18, 2018
Expense Reimbursements Are Included in Calculating Current Monthly Income
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
April 10, 2018
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).
December 29, 2017
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.
August 23, 2017
‘Related To’ Jurisdiction Exists over Lien Dispute Between a Creditor and Its Lawyers
Delaying confirmation wasn’t grounds to abstain.
July 26, 2017
Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
July 25, 2017
‘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.
April 3, 2017
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.