October 25, 2021
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
October 21, 2021
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
October 20, 2021
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
October 19, 2021
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
October 14, 2021
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
October 13, 2021
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
October 11, 2021
A debtor with negative disposable income was forced to go through two trials and three appeals to discharge student loans.
October 7, 2021
New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.
October 4, 2021
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
September 30, 2021
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.