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.
Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
Unperformed obligations must be ‘material’ for a contract to be executory.