Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
Split Continues on Loss of Chapter 13 Discharge for Missing Direct Mortgage Payments
Georgia judge focuses on ‘good faith’ to decide whether a chapter 13 debtor should lose a discharge after missing direct mortgage payments.
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.