Help Center

Consumer Bankruptcy

Sixth Circuit Muses on Whether ‘Prudential Standing’ Applies in Bankruptcy

New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Court: 

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

‘Earmarking’ Only Applies When a Debtor Receives a Loan from a Third Party

Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.

Supreme Court Agrees to Rule on What Is or Is Not a ‘Final, Appealable’ Order

For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Court: 

Did Segal Survive Butner in Defining Property of the Estate?

Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.

Direct Mortgage Payments Are ‘Under the Plan,’ Ninth Circuit BAP Says

BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
Court: 

Fifth Circuit Facilitates ‘No Money Down’ Chapter 13s

Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.
Court: 

Pages

ABI sites use cookies and similar technologies to improve your web experience. By using our sites, you are agreeing to our Privacy Policy and Terms of Service, including our Cookie Policy.