Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
The Treasury rate and prime rate are both proper starting points for pegging post-petition interest rates, but starting with Treasurys requires a larger risk premium.
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
Eighth Circuit BAP ‘at a minimum’ requires substantial changes in financial condition for a debtor to modify a confirmed chapter 12 plan.
In Section 522(b)(3), Congress made sure that ‘retirement funds’ are exempt in bankruptcy even if they aren’t exempt in states that don’t permit federal exemptions.
Courts are deeply split on a chapter 13 debtor’s ability to keep the appreciation in an exempt home, whether or not the case converts to chapter 7.
The Bankruptcy Rules for serving a summons and complaint are not jurisdictional, Eighth Circuit says.
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
An adverse inference sanction for spoliation of evidence is reviewed for abuse of discretion by the district court after withdrawal of the reference.