Filing Suit in Bankruptcy Court, the Debtor Lost a Seventh Amendment Right to a Jury
Does filing bankruptcy by itself waive a debtor’s right to a jury trial when suing a creditor?
BAP Decision Shows How ‘Plain Meaning’ Would Have Given the Wrong Result
An order disallowing a claim didn’t really mean the claim was disallowed.
If Personal Liability on a Mortgage Was Discharged, Is Confirmation Possible in ‘13’?
When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?
No Loopholes in Section 362(b)(21) Allowing Foreclosure Against an Ineligible Debtor
Even if a debtor is ineligible to file again under Section 109(g), another filing does create a stay, but it’s not applicable to enforcement of a lien against real property.
Even Expecting Profit on the Investment, a Home Mortgage Is Still Consumer Debt
Having 51% consumer debt doesn’t necessarily mean that the debtor has ‘primarily’ consumer debt.
A Deceased Debtor’s Survivor Can Make Chapter 13 Plan Payments from Her Income
Even though a deceased chapter 13 debtor has no regular income, the plan can still be confirmed.
Circuit Judge Ambro Scribes the Boundaries Between Rooker-Feldman and Preclusion
A final judgment on an issue in state court doesn’t by itself deprive federal courts of subject matter jurisdiction under the Rooker-Feldman doctrine, the Third Circuit explains.
Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
Four Circuits Align: Section 1322(c)(2) Permits Bifurcating a Short-Term Mortgage
When a home mortgage matures during the term of a chapter 13 plan, the debtor may bifurcate and cram down the secured claim, the Ninth Circuit holds.