New judge on the Sixth Circuit raises a host of questions about the requisites of standing in bankruptcy court.
Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.
Money taken from a debtor’s own retirement account to pay a creditor does not qualify for the earmarking defense, Chief Judge Fehling says.
For now, the high court ducks an important automatic stay question for chapter 13 debtors.
Judge Perkins in Illinois says the ‘sufficiently rooted’ test from Segal v. Rochelle did not survive Butner and the adoption of the Bankruptcy Code.
A bill to provide bankruptcy relief for student borrowers.
Bill text forthcoming.
BAP joins the majority of courts by saying that defaulting on direct mortgage payments precludes a chapter 13 debtor from receiving a discharge.
To provide bankruptcy relief for student borrowers.
Bankruptcy courts must cooperate before debtors’ counsel are assured of being reimbursed for advancing costs and expenses before filing.