Stern Doesn’t Limit Bankruptcy Court in Liquidating a Nondischargeable Debt
Decisions by Circuit Judge Posner and Houston’s Judge Isgur don’t line up.
Debtor May Not Benefit from His Own Fraudulent Transfer
Exemption cannot be claimed in a home recovered as a fraudulent transfer.
Accelerating Final Payoff Doesn’t Permit Modifying a Home Mortgage
Debtor’s clever strategy to prepay a mortgage didn’t invoke Section 1322(c)(2).
Frost on Homesteads in Chapter 13 Extended to Exempt IRAs in Chapter 7
Debtors must maintain exempt status of assets until chapter 7 case is closed, judge rules.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Disavowing a Complaint Avoids Bankruptcy Court Jurisdiction
Unartful complaint didn’t prove fatal on a change-of-venue motion.
Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.
United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds
Restriction on post-confirmation suits is further limited in the Fifth Circuit.