No Statute of Limitations for Suing on a Trustee’s Surety Bond
Removing and discharging a trustee are not synonymous, Houston judge rules.
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.
Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.
Bankruptcy Judge Finds Jurisdiction over Nationwide Class Challenging Bogus Claims
Class suit in Texas attacks the filing of bogus claims.
Diligence by Itself Won’t Justify Invocation of Equitable Tolling
Houston judge doesn’t excuse delay in identifying John Doe defendants.
Lump-Sum Child Support Claim Disallowed when Debtor Was Current
‘Relationship test’ bolsters Texas judge in disallowing claim for child support.
For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.