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
Supreme Court gets around to overruling Lubrizol almost 35 years later.
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.
May 17, 2019
Discretionary bonuses by an insolvent employer are not automatically fraudulent transfers, Judge Silverstein says.
May 16, 2019
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
May 15, 2019
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
May 14, 2019
Fifth Circuit rejects the ‘recodification canon’ to divest bankruptcy courts of jurisdiction over Social Security suits.
May 13, 2019
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.