Can substantive consolidation eradicate a defendant’s affirmative defense?
Clever debtor’s lawyer trots out Bankruptcy Act concepts but loses.
Exemptions are not always fixed on the date of filing.
No debt, and thus no preference, arises until after the midnight deadline.
Same facts on informal proofs of claim yield different results in different circuits.
Disclosing a lawsuit after chapter 13 discharge is too late to avoid judicial estoppel.