An ambiguous demand letter violated the discharge injunction, but the lender was not held in contempt in light of Taggart.
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
A ‘runoff’ policy purchased after filing is a continuation of a pre-bankruptcy policy, district judge says.
Some lower courts don’t allow chapter 13 plan payments after five years, but two circuits do.
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Lower courts are split on whether terminating a nonresidential lease for default means there is no automatic stay.
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Sovereign immunity protects a tribe even after successful veil piercing.
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.