October 25, 2024
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
October 16, 2024
Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.
September 27, 2024
The Second Circuit shows how a properly structured leveraged refinancing avoids attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’
September 5, 2024
Second Circuit leaves open the question of whether a trustee can sell a ‘general’ or ‘derivative’ claim that’s subject to a valid lien held by a creditor.
August 1, 2024
Claiming 100% of FMV didn’t enable debtors to exempt more than the statutory cap when there had been no objection to the exemption claim.
July 11, 2024
Bankruptcy Judge Montali didn’t toss an individual out of chapter 7 just because he owned two LLCs that sold marijuana at retail.
June 14, 2024
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
10th Circuit , Colorado ,
May 3, 2024
A potential bidder wasn’t barred from suing the successful bidder outside of bankruptcy court.
April 26, 2024
Delaware’s Judge Laurie Selber Silverstein tackled several novel questions about a U.S. court’s authority in chapter 15 to approve novel, foreign transactions and sell the foreign debtor’s property in the U.S.
3rd Circuit , Delaware ,
April 2, 2024
State laws differ on whether defensive appellate rights are estate property that may be sold.