Treasury Offset Program Can’t Be Used After Bankruptcy, District Judge Says
Now on the district court bench, then-Bankruptcy Judge Frank Volk was upheld in a tricky case involving the government’s right of setoff.
Supreme Court Grants ‘Cert’ to Decide Whether Inaction Violates the Automatic Stay
Virginia case highlights the damage that will be done to debtor protections if affirmative action is required for a stay violation.
Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
Chapter 13 forces judges to micromanage the lives of debtors.
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
Court:
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
One Preference Won’t Prevent Another from Being a Preference
A joint check agreement signed in the preference window is a preference, two Virginia judges say.
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
Court:
Survivor in a Merger Can’t Sue for a Preference Made by a Dissolved Entity
Plain language of Section 547 defeated what could have been an easily avoided preference.