September 15, 2023
Ninth Circuit doesn’t allow debtors to appeal when a trustee sells their home out from underneath them in a short sale.
September 14, 2023
Chapter 7 can be inaccessible for a married debtor living in the same household with a nonfiling spouse who has substantial income.
September 13, 2023
When, post-confirmation, a chapter 13 debtor sells his or her home, who gets the benefit of the appreciation: the debtor, or his or her creditors? Judge Randon in Michigan adopted the so-called “estate replenishment approach” and held that sale proceeds derived from post-confirmation appreciation of a home belong to the debtor.
September 12, 2023
The Ninth Circuit BAP affirms that a deferred settlement agreement can’t be assumed under Section 365.
September 11, 2023
In addressing Michigan county’s car-seizure and forfeiture practices, Sixth Circuit sets a clear benchmark for debtors.
September 8, 2023
Court’s inherent authority to sanction allows coercive contempt sanctions where rules and statutes are not up to the task.
September 7, 2023
What will become of the chapter 13 system if standing trustees must refund all fees collected in cases dismissed before confirmation? The answer is perhaps unexpected: Unsecured creditors in confirmed chapter 13 cases will pay the administrative expenses of cases that fail.
September 6, 2023
3rd Circuit , Delaware ,
Contesting the election of a chapter 7 trustee isn’t like defending a fee application, which Baker Botts held to be noncompensable.
September 5, 2023
A preference opinion from Houston counsels creditors to be cautious when they are expecting payment from insurance.
September 1, 2023
3rd Circuit , Delaware ,
Delaware’s Judge Craig Goldblatt makes a ‘common-sense judgment’ in deciding whether to allow a prepetition lawsuit to proceed in state court.