A Judgment for Punitive Damages Might Not Support Nondischargeability Automatically
Jury instructions and a special verdict form can determine whether issue preclusion automatically results in nondischargeability.
A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says
Death is a reason for waiving the requirement for completing a financial management course.
Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
Are Inheritances Estate Property in Chapter 13? You Decide
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
On an ‘Involuntary,’ Denial of Summary Judgment Doesn’t Mean the Claim Is Disputed
The Iqbal and Twombly standards don’t apply to involuntary petitioners who are required to use Official Form 105.
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
Judge Isgur Knocks Down a Special Counsel’s Fees for ‘Unprofessional’ Conduct
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.