February 8, 2018
Relation-back kicks in if an earlier motion contains the elements of a complaint.
February 8, 2018
A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.
February 7, 2018
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
February 6, 2018
Congress created a loophole in the hanging paragraph in Section 1325(a).
February 5, 2018
9th Circuit , Hawaii ,
Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.
February 5, 2018
10th Circuit , Colorado ,
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
February 2, 2018
Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.
February 2, 2018
Overlay divorce and bankruptcy, and you’ve got a big mess.
February 1, 2018
Sovereign immunity protects a tribe even after successful veil piercing.
February 1, 2018
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.