Rochelle's Daily Wire

ABI Exclusive

consumer Cases

Surprising Analysis Yields the Expected Result on Choice of Law for Claims
April 7, 2017
9th Circuit ,
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
Fee Application After Completion of Plan Payments Comes Too Late
April 4, 2017
6th Circuit , Michigan , Michigan Western District ,
Fees awarded after discharge are wiped out like everything else.
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
April 3, 2017
1st Circuit , Massachusetts ,
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
March 31, 2017
4th Circuit ,
Res judicata does not apply to ‘deemed allowed’ claims.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
March 30, 2017
2nd Circuit , New York , New York Southern District ,
FTC allowed to continue contempt proceedings for failure to pay restitution.
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
March 28, 2017
5th Circuit , Texas , Texas Southern District ,
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
March 23, 2017
2nd Circuit , New York , New York Eastern District ,
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Sixth Circuit Widens Split on Mooting Appeals from Sale Orders
March 22, 2017
6th Circuit ,
Equity is required to claim a homestead exemption, Sixth Circuit holds.
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
March 17, 2017
7th Circuit , Illinois , Illinois Northern District ,
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
March 15, 2017
5th Circuit ,
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.

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