August 27, 2021
Courts are split on whether a claim is discharged if it was scheduled after the bar date but in time to receive a distribution.
August 26, 2021
Although disqualified and removed for an undisclosed conflict, the trustee was not removed in all other cases.
August 25, 2021
The oversight of a distribution by a chapter 7 trustee (and the attendant expense) isn’t required when a debtor liquidates the assets in Subchapter V of chapter 11.
August 24, 2021
Judge Callaway explains when a debtor keeps insurance proceeds and when it goes to creditors under a chapter 13 plan.
August 23, 2021
A statutory violation by itself won’t necessarily give a plaintiff constitutional standing.
August 20, 2021
It isn’t duress when a lender threatens to take action that the loan agreement allows, the circuit court says.
August 19, 2021
Dismissal of a chapter 13 case moots an appeal regarding an allegedly erroneous order directing payment of money.
August 18, 2021
Just because a creditor doesn’t cash a distribution check doesn’t mean it’s abandoned and reverts to the debtor.
August 17, 2021
Courts are split on whether chapter 13 effectively prohibits debtors from making voluntary contributions to 401(k) plans.
August 16, 2021
Here’s an example of how state law prevents bankruptcy law from being uniform throughout the U.S.