It is fairly rare to see a case brought alleging employment discrimination due to the filing of a bankruptcy. This allegation gave rise to a complaint under 11 U.S.C. §525(b) in Johnson v. Speedway, LLC, 2021 U.S. Dist. LEXIS 80891, Case no 7:21cv00100 (W.D. Va.
The 11th Circuit just recently entered a decision on the liability of credit reporting agencies for continuing to report an obligation owed on a debt discharged in bankruptcy. In Losch v. Nationwide Mortg. LLC, 2021 U.S. App. LEXIS 12578, Case no.
In Feldy Boys, LLC v. Polasky (In re Polasky), 221 Bankr. LEXIS 927, Adv No.
The District Court for the Northern District of California affirmed the bankruptcy court's ruling finding a condominium association violated the automatic stay and discharge injunction as to collection activities on post-petition dues on a surrendered condominium in In re Parker, 2021 U.S. Dist. LEXIS 53663, Case No 19-cv-2588-YGR (N.D. Cal.
Regarding a matter in which there is a split of opinions Judge Halfenger ruled that the fees due to debtor's counsel to be paid through the chapter 13 plan reduced the amount required to be paid to unsecured creditors to meet the best interest of creditors test. In re Buettner, 2021 Bankr. LEXIS 363, Case No 20-24696-GMH (Bankr. E.D. Wis. 16 February 2021).
One of the more common areas of litigation in bankruptcy is a request by a creditor to find that the debt owed to them is not discharged by the bankruptcy based on misrepresentation when the debt is made pursuant to 11 U.S.C. 523(a)(2). A good analysis of the elements required under this section is provided in In re Polasky, 2021 Bankr. LEXIS 362, 2021 WL 614032, Adv. No. 2:18-ap-594-FMD (Bankr. M.D.
In an analysis of the Florida exemption laws and exceptions to such laws, Judge Vaughan dismissed adversary proceedings against two debtors (a husband and spouse) in separate bankruptcy cases. Roberts v. Hopkins (In re Hopkins), 2021 Bankr. LEXIS 260, Adv #6:20-ap-00032-LVV (Bankr. M.D.
In denying a request to avoid a judgment lien recorded in 2009 in a chapter 7 bankruptcy filed in 2010, the court found that laches barred the debtor's request. In re Horvath, 2021 Bankr. LEXIS 238, case NO 10-60520 (Bankr. N.D. Ohio, 2 February 2021). The creditor has been scheduled on the no-asset bankruptcy, which was discharged in 2010. The creditor renewed it's lien in 2014 and 2019. Debtors reopened the case in September 2020 and sought to avoid the lien, which was opposed by the creditor.
$600 stimulus (actually advance on tax credit) not subject to assignment/levy. Note, substantial condensing of section, but I believe this is the answer.
The 11th Circuit has chimed in on the fairly unusual procedure of granting retroactive relief from the automatic stay to permit otherwise prohibited conduct in Baker v. Bank of America, N.A., 2020 U.S. App. LEXIS 40615, Case No.