May 18, 2023
Within the next year, four circuits will have ruled on a split where some lower courts pay chapter 13 trustees and others don’t when dismissal precedes confirmation.
April 12, 2023
Chicago’s Judge Cleary didn’t compel arbitration of an affirmative counterclaim by the debtor against the creditor that would be determined in the course of passing on the allowance of the creditor’s proof of claim.
March 23, 2023
Although a disclaimed inheritance is ordinarily beyond the avoiding powers, a trustee can step into the shoes of the IRS to set aside the disclaimer.
November 7, 2022
Harris v. Viegelahn bars any payment by a chapter 13 trustee after conversion, not just payments to creditors, Judge LaShonda Hunt says.
October 6, 2022
If a debtor owns property as a joint tenant with right of survivorship, the trustee has nothing to sell if the debtor dies.
July 20, 2022
The Seventh Circuit has yet to rule precisely on whether the bankruptcy court can sell assets free and clear of successor liability.
June 16, 2022
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
June 7, 2022
Surprisingly, there is little authority on whether or how a receiver may respond to the filing of an involuntary petition.
March 30, 2022
The district court opinion affirms the notion that bankruptcy courts have ‘core’ power without a jury to adjudicate claims of attorney misconduct.
February 14, 2022
So long as the debtor is paying unsecured creditors what chapter 13 requires, the debtor is not obliged to pursue preferences.