November 7, 2019
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
November 6, 2019
In matrimonial cases, courts find creative reasons for not avoiding a lien that impairs an exemption.
November 5, 2019
An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
November 4, 2019
A debt that’s been paid in full under state law is discharged even if the debtor never receives a discharge, Judge Klein says.
November 1, 2019
Ninth Circuit BAP says that payment of a secured claim in full automatically terminates the underlying lien, even if the plan doesn’t say so explicitly.
October 31, 2019
Third Circuit also holds that turnover in Section 542(a) is not automatic. The debtor must mount an adversary proceeding to obtain a turnover of property.
October 30, 2019
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
October 29, 2019
A subsequent transferee may be entitled to challenge a fraudulent transfer judgment from a prior suit against the initial transferee.
October 28, 2019
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
October 25, 2019
Fifth Circuit bars nationwide class actions to enforce the discharge injunction. However, the appeals court ruled that private student loans are dischargeable.