July 19, 2022
Tenth Circuit insinuates that a debtor may have a nondischargeable debt even if the debtor did not personally benefit from fraud.
July 15, 2022
To take advantage of a change in decisional law, a plan must be modified within the time limits imposed by Federal Rule 60(c), the Seventh Circuit says.
July 14, 2022
The lender’s failure to demand reaffirmation before discharge in chapter 7 barred enforcement of a default based on the filing of bankruptcy.
July 13, 2022
On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
July 5, 2022
Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.
July 1, 2022
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
June 30, 2022
Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.
June 29, 2022
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
June 27, 2022
Death is a reason for waiving the requirement for completing a financial management course.
June 23, 2022
BAP doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.