October 1, 2019
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
September 30, 2019
Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.
September 27, 2019
District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.
September 26, 2019
W.R. Grace makes more law on channeling injunctions.
September 25, 2019
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
September 24, 2019
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
September 23, 2019
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
September 20, 2019
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
September 19, 2019
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
September 18, 2019
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.