Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
Bankruptcy Judge Warren makes sure the sanctions won’t be dischargeable if the offending creditor files his own bankruptcy.
Can student loans be wiped out as fraudulent transfers that aren’t dischargeable under Section 523(a)(8)?
Bankruptcy Judge David Warren warns small business trustees that they won’t be compensated if they are “overzealous” or undertake “unnecessary or duplicative services.”
Because the SBRA’s foundation is chapter 11, the new statute may be applied constitutionally to rights or property interests arising before enactment.
Factors in permitting separate classification of debts include moral obligation and tangible benefit.