On a question where the courts are split, a New Jersey bankruptcy judge allowed the chapter 13 debtor to retain a $100,000 increase in value when he sold his home.
Courts are split on whether a debtor may amend a chapter 13 plan to cure post-petition defaults on a principal residence.
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An obligation can be penal in nature, and thus nondischargeable, even though it’s measured by pecuniary loss.
Negotiating a prepackaged asbestos plan and having been paid by the debtor does not disqualify a future claimants’ representative under the disinterestedness standard.
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
Split deepens regarding failure to return a repossessed auto as an automatic stay violation.
Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.