Arbitration Nixed on a Lender’s Claims for Violation of the Automatic Stay
Bankruptcy Judge Paul Black denied a motion to compel arbitration but didn’t decide whether he would certify a class.
Bankruptcy Judges Agree: Later Developments Don’t Undo Subchapter V Eligibility
The $7.5 million debt cap for Subchapter V doesn’t include the debt of affiliates who file later.
A Lawsuit to Collect a ‘DSO’ Runs the Risk of Violating the Automatic Stay
Although collecting a ‘DSO’ from non-estate property is permitted by Section 362(b)(2)(B), a district judge says that an in personam suit against the debtor can violate the automatic stay.
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Judge Revokes a ‘Nationwide’ Firm’s Right to Practice in Virginia Bankruptcy Court
Local lawyers were also caught up in the maelstrom caused by a ‘nationwide’ firm that skirted bankruptcy law and rules.
Disability-Care Payments Are Excluded from Calculation of ‘Disposable Income’
Government payments to care for disabled adults go to parents, not creditors, judge rules.
Pro Se Debtors Entitled to Different Notice Before Sua Sponte Dismissal
Pro se debtors must be told explicitly of the right to request a hearing.
Courts Spilt on Offsetting Government’s Non-Tax Claim Against a Tax Refund
Automatic stay bars collecting a debt by offsetting a tax refund.