Standards for a Future Claimants’ Representative Are Those for a Guardian Ad Litem
Prior service as a future claimants’ representative was reason for a new appointment, not a disqualification, Judge Bonapfel says.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Courts Disagree on the Status of a Supersedeas Bond on the Filing of Bankruptcy
A supersedeas bond and a cash deposit are interchangeable in terms of the rights of a judgment creditor, Judge Sacca says.
Retention of Voluntary Post-Petition Payment Doesn’t Violate the Automatic Stay
A creditor was allowed to keep a voluntary, post-petition payment on a pre-petition debt that the debtor made with non-estate property.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Debtors aren’t required to turn over tax returns that don’t exist.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Fraudulent Transfer of Fully Encumbered Property Isn’t Fraudulent in Georgia
A transfer of fully encumbered property isn’t a ‘transfer’ under UFTA, Georgia judge holds.
Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation
One Georgia judge disagrees with another over a chapter 13 confirmation objection.