January 14, 2021
Justices rule that affirmative action is required before withholding property amounts to controlling estate property and results in an automatic stay violation.
January 14, 2021
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
January 13, 2021
Where the courts are split, Idaho judge sides with the Tenth Circuit BAP and allows a chapter 13 debtor to retain post-petition appreciation in the value of a homestead following conversion to chapter 7.
January 8, 2021
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
December 30, 2020
Chapter 13 debtors lost an exemption in a new home after converting to chapter 7 because they didn’t follow the rules.
December 22, 2020
A statement about the profitability of a corporation the debtor owns is a statement about the debtor’s own financial condition, the Fifth Circuit says.
December 16, 2020
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.
December 15, 2020
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
December 14, 2020
Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.
December 8, 2020
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.