The circuits agree, but the lower courts disagree, on the allowance of post-petition attorneys’ fees based on contract.
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
Judge Flatley avoids taking sides in the Second/Third Circuit split.
Courts are divided when an exemption claim collides with the government’s right of setoff.
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’
Fourth Circuit again shows itself to be a debtor-friendly venue.
Ninth Circuit opinion is prime for Supreme Court review regarding the extent of a bankruptcy court’s contempt powers.
Fourth Circuit avoids a result that would have left some debtors ineligible for any exemptions.