Claims

Bankruptcy Judge Hagan explains why Till doesn’t necessarily require starting with the prime rate in cramming down a secured creditor in chapter 13.

A tort claim time-barred at filing doesn’t become estate property when the legislature reopens the statute of limitations.

Bankruptcy Judge Hunt in Salt Lake City split with the Sixth Circuit, which held that a debtor can’t modify a plan by surrendering a car but must continue paying the auto lender in full.

Even under a narrow test requiring bodily injury, a domestic abuse claim is a ‘personal injury tort claim,’ BAP says.

Amicus briefs are needed so the Supreme Court sees the big picture and understands that creditors can suffer if judicial estoppel is applied indiscriminately.

The lack of ‘pecuniary interest’ may deprive a chapter 7 debtor of constitutional standing, even though the debtor is a ‘party in interest.’

If a lender could collect only once outside of bankruptcy when both spouses guaranteed a debt, the result is the same in a single or joint bankruptcy by the spouses.

Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.

Second Circuit barred offensive use of claim preclusion based on ‘fairness’ but hinted that offensive claim preclusion might never be permitted.

The New Value Corollary to the Absolute-Priority Rule Codified for Individuals in Chapter 11 By Donald L. Swanson The absolute-priority rule has always prevented individuals from reorganizing under chapter 11. The absolute-priority rule is a chapter 11 plan-confirmation