Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production
Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
Exempt Assets Aren’t Always Exempt in Chapter 13
Courts are split on including some exempt assets into the calculation of disposable income.
Lump-Sum Child Support Claim Disallowed when Debtor Was Current
‘Relationship test’ bolsters Texas judge in disallowing claim for child support.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Benefit to Consumer Required for Involuntary Conversion from Chapter 7 to 11
Judge lays down a tough rule, then goes easy on consumer debtors.
Judge Properly Attached Strings to a Full-Payment Chapter 13 Plan
Equity powers enable a judge to put the screws to a chapter 13 debtor.