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.
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.
Debts acquired from running a business do not qualify someone for subchapter V of chapter 11 if the business has terminated and the assets are gone, according to Judge Cynthia Norton.
Caselaw on disallowance of default interest is “murky,” Chief Judge Norton says.
The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.
Bankruptcy law definition of a ‘lien’ is broader than state law.
Clever strategy failed to limit a debtor’s personal liability.
Work product and opinion privileges protect mediation statement from discovery.