November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 1, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
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 23, 2019
The debtors didn’t have a great case for a stay violation after filing six chapter 13 petitions and living rent-free for five years.
October 15, 2019
Although Florida permits practicing law under a fictitious name, the Bankruptcy Rules are more rigorous and require full disclosure, new Delaware judge says.
3rd Circuit , Delaware ,
October 1, 2019
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
September 26, 2019
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.
September 16, 2019
Seventh Circuit holds that a financing statement is sufficient if it describes collateral by reference to an unattached security agreement.
September 11, 2019
Equitable nature of substantive consolidation requires notice to creditors of non-debtors who might be affected.