June 11, 2021
Disagreeing with two other circuits, the Sixth Circuit finds no power in the bankruptcy court to avoid dismissing a chapter 13 case even if the debtor filed repeatedly in bad faith to avoid foreclosure.
June 10, 2021
Exemptions never come into play with inherited 401(k)s because they aren’t estate property in the first place, Judge Hodges explains.
June 4, 2021
Decision by Bankruptcy Judge Michelle Harner demonstrates the flaw in the Fourth Circuit’s rule requiring parallel proceedings in bankruptcy court and in arbitration when disputes are both core and non-core.
June 2, 2021
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
May 25, 2021
A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.
May 24, 2021
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
May 21, 2021
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
May 7, 2021
Harassing a former lover isn’t an automatic stay violation.
May 6, 2021
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.