February 7, 2024
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit , Colorado ,
February 6, 2024
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
February 5, 2024
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
February 2, 2024
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
February 1, 2024
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
January 31, 2024
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
January 30, 2024
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
January 29, 2024
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
9th Circuit , Oregon ,
January 26, 2024
Fourth Circuit holds that attorneys’ fees and interest in pursuit of nondischargeable debts are themselves nondischargeable.
January 25, 2024
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.