November 12, 2019
Rulings by the First and Second Circuits ensure that recoveries by a Ponzi scheme trustee will be distributed to all victims, not just those who sue on their own.
November 7, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
October 30, 2019
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
October 18, 2019
Bankruptcy Judge Elizabeth Brown of Denver differs with Bankruptcy Judge Michelle Harner of Baltimore on the interpretation of Bankruptcy Rule 3002(c)(6).
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.
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.