February 17, 2023
A district judge in Florida upheld a Subchapter V plan that required automatic increases in payments to unsecured creditors based on actual disposable income.
July 28, 2022
With little authority one way or the other, lower courts are split on whether Social Security benefits lose their exemption if withheld and later paid as a tax refund.
March 4, 2022
Florida district judge explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
December 16, 2021
Although the bankruptcy court has subject matter jurisdiction after confirmation, the debtor cannot show ‘good cause’ for Rule 2004 discovery if it would confer an ‘unfair strategic advantage.’
November 8, 2021
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
September 9, 2021
Judge Vaughan explains why a foreign debtor isn’t required to have a presence in the U.S. before the debtor’s foreign representatives can win recognition under chapter 15.
August 31, 2021
Paying more to the sole creditor in the only accepting class unfairly discriminated against other unsecured creditors, Judge Jennemann said.
August 27, 2021
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.
August 26, 2021
Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.
August 25, 2021
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.