October 17, 2019
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
4th Circuit , Maryland ,
October 11, 2019
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
October 7, 2019
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
October 4, 2019
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
September 30, 2019
Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.
September 26, 2019
September 24, 2019
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
September 20, 2019
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
September 19, 2019
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
3rd Circuit , Delaware ,
September 18, 2019
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.