June 15, 2023
The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.
June 14, 2023
3rd Circuit , Delaware ,
Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.
June 13, 2023
Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”
June 12, 2023
10th Circuit , Colorado ,
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
June 9, 2023
Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas.
June 8, 2023
Although not held in an IRA, a refund by the IRS of a withdrawal penalty was exempt because state law permits tracing proceeds of exemptions, Judge Opperman says.
June 7, 2023
A transferor’s fraudulent intent isn’t imputed to the transferee to make the transferee’s debt nondischargeable for ‘actual fraud.’
June 6, 2023
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
June 5, 2023
A judge sitting in a proper venue may transfer venue to a district that was improper originally.
June 2, 2023
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.