January 23, 2024
Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.
October 25, 2023
An exculpation clause in a chapter 11 plan protected the owner’s counsel from a malpractice suit.
October 6, 2023
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
March 7, 2022
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
December 6, 2021
Persuasive authority is required before a creditor can be held in contempt for violating the automatic stay protecting a corporate debtor.
July 21, 2021
Judge Hoffman sets up Sixth Circuit to opine on the circuit split regarding the constitutionality of the 2018 increase in fees for the U.S. Trustee system.
February 5, 2021
The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.
January 29, 2021
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
September 1, 2020
Agreeing to bidding procedures can waive the right to make the Section 1111(b) election, Judge Hoffman says.
August 24, 2020
Private charity is not considered to be part of a debtor’s income under the first part of the Brunner test.