State Law Lines Up with Federal Judicial Estoppel When Assets Aren’t Scheduled
Oregon Supreme Court allows substitution of a bankruptcy trustee as the real party in interest because denial would chiefly punish the debtor’s creditors.
Bankruptcy Courts Have Statutory Power to Remove Voided Liens
Bankruptcy Rule 7070, incorporating Federal Rule 70 along with 28 U.S.C. § 1655, gives bankruptcy courts power to remove liens of record when the lenders don’t do so voluntarily.
Debtors May Avoid Judicial Liens Under Section 522(f) Securing Nondischargeable Debts
Bankruptcy Judge Alan Koschik declined to follow cases decided before Congress amended Section 522(f) to preclude avoiding judicial liens securing domestic support obligations.
A Settlement Term Sheet Signed After Mediation Was an Enforceable Contract
The state law standards for creation of a contract governed enforceability of a term sheet signed after mediation.
Personal Injury Settlement Was Not ‘Income’ Payable to Creditors in Chapter 13
Memphis Bankruptcy Judge Denise Barnett reads the BAPCPA amendments as excluding personal injury settlements from the calculation of ‘projected disposable income.’
Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships
Was the Guaranty Discharged? Best Practices for Creditors and Guarantors in Dealing with Post-Petition Relationships By Megan W. Murray Guaranties can be the lifeblood of loans, often adding credit support to a lender, which makes all the difference between a viable
First Circuit Describes How to Value an Interest in Entireties Property
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.