Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
Judge Hoffman’s analysis comports with the ABI Commission’s recommendations for improvements in lease assumptions by chapter 7 debtors under Section 365(p).
Like physics, bankruptcy searches for a unified theory to explain claims by and against the estate.
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
Two Boston judges agree: The 10% penalty for early withdrawals from a retirement account doesn’t have priority under Section 508(a)(8).
Income is included in calculating CMI, even if it’s not ‘stable and regular.’
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Converting to chapter 13 to prevent the sale of a home in chapter 7 is not bad faith.
Delaying confirmation wasn’t grounds to abstain.