June 3, 2019
‘No objectively reasonable basis’ is the high court standard to find civil contempt for violating the discharge injunction.
May 31, 2019
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
May 30, 2019
Having previously made an ‘Erie’ guess finding no good faith defense to a fraudulent transfer, the Fifth Circuit now certifies the issue to the Texas Supreme Court.
May 29, 2019
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
May 28, 2019
Plain language of Section 547 defeated what could have been an easily avoided preference.
May 24, 2019
New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
May 23, 2019
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
May 22, 2019
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
May 21, 2019
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
May 20, 2019
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.