Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim
Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.
Violation of Professional Ethics Resulted in a Nondischargeable Debt
Two ethical lapses resulted in a nondischargeable debt.
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For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.
No Res Judicata Effect for ‘Deemed Allowed’ Claims in ‘No Asset’ Cases
Do ‘deemed allowed’ claims have res judicata effect in ‘asset’ cases?
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Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.
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Fifth Circuit Denies Exemption to Nonfiling Spouse for Home Owned Fewer than 1,215 Days
Community property homestead rights are lost if only one spouse files bankruptcy.
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Courts Split on Retention of Property on Individual’s Conversion from Chapter 11 to 7
Ninth Circuit BAP is a better venue for individuals converting from ‘11’ to ‘7.’
Terminating a Contract Is a Transfer of an Asset — Sometimes
Judge Higginbotham has been busy writing important opinions.
Court:
Fifth Circuit Concurrence Advocates Voiding Arbitration Agreements Involving Fraud
Circuit Judge Higginbotham sees arbitration as an instrument of fraud.
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