Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
Even if an exemption is lost after filing, a Code provision must bring property into the estate, Fourth Circuit holds.
Res judicata does not apply to ‘deemed allowed’ claims.
Judge follows statutory language that didn’t achieve the result Congress intended.
Financial professional was held to a higher standard in valuing estate assets.
‘Fiduciary duty’ is more narrowly defined in Section 523(a)(4) than in corporate law.
A bank deposit is only a substitution, not a transfer of property, circuit holds.
Financing litigation is champertous if the lender exercises control.
Escrows and miscellaneous proceeds held to be real property, not additional collateral.