Split decision allows a lender to take property out of an estate automatically.
Upcoming Second Circuit decision will say whether there’s a circuit split arising from the O.W. Bunker bankruptcy.
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
Millennium-like third-party releases were approved without reaching constitutional issues.
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.
Decisions to surrender aren’t made in ‘perpetuity,’ Judge Isicoff holds.
Courts split on inclusion of life insurance proceeds in a chapter 13 estate.