December 23, 2020
Although a lawsuit against the archbishop violated the automatic stay, Judge Thuma of Albuquerque declined to impose sanctions because precedent was ‘spotty or nonexistent.’
December 18, 2020
By continuing to litigate for 10 years on a lost cause, prejudgment interest will ‘up’ a fraudulent transfer defendant’s liability by 40%.
December 17, 2020
Neither the Bankruptcy Code nor state law permits reducing rent when government regulations restrict a debtor’s ability to generate income, Judge Isgur says.
December 16, 2020
A debtor may have a valid ‘homestead’ exemption without residing in the property, so long as a dependent does reside there, the Second Circuit rules.
December 15, 2020
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
December 14, 2020
Even though received within 180 days of filing, a distribution from an IRA to a death beneficiary does not become estate property.
December 11, 2020
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
December 10, 2020
9th Circuit , Idaho ,
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
December 9, 2020
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
December 8, 2020
9th Circuit , Arizona ,
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.