consumer Cases
October 26, 2022
If tax foreclosures violate the Takings Clause, it stands to reason that they are also fraudulent transfers.
October 10, 2022
Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.
October 6, 2022
If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.
October 3, 2022
Texas judge rules in favor of the debtor on an issue similar to the question coming before the Supreme Court in Bartenwerfer.
September 29, 2022
10th Circuit , Colorado ,
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
September 21, 2022
8th Circuit , Minnesota ,
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
September 12, 2022
Not reaching the merits, the Ninth Circuit nonetheless vacated a BAP decision because the case became moot during the appeal.
September 7, 2022
Affirming the bankruptcy court, the Sixth Circuit BAP won’t exempt proceeds from the prepetition sale of a home, even though the proceeds were identifiable and in escrow.
September 1, 2022
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
August 30, 2022
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.