November 10, 2022
One month apart, two judges in New York differed on the extent to which they permitted redactions of information about creditors, their identities and addresses.
November 9, 2022
A plan longer than five years must revert to a five-year plan now that Congress has allowed Section 1329(d) to expire, Judge Hanan says.
November 8, 2022
Ninth Circuit BAP interprets Taylor and Schwab to mean that a trustee cannot revisit the value of an exempt asset if the debtor claimed ‘100% of FMV’ and there was no timely objection.
November 7, 2022
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.
November 4, 2022
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
November 3, 2022
Milwaukee district judge rules that bankruptcy does not cut off future liability on a personal guarantee issued before bankruptcy.
November 2, 2022
If a tenant’s security deposit was swept by the landlord’s secured creditor but was not held in trust, the tenant has no recourse other than to file an unsecured claim.
November 1, 2022
District judge holds that the safe harbor in Section 546(e) applies to lawsuits by foreign liquidators aiming to avoid transactions abroad under foreign law.
October 31, 2022
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
October 28, 2022
The Ninth Circuit BAP interprets circuit authority as giving a chapter 13 debtor the absolute right to dismiss.