2006

Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive discharge. The ex-employer moved

In In re Jones, 327 B.R. 297 (Bankr. S.D. Tex. 2005), Bankruptcy Judge Jeff Bohm addressed a motion by the chapter 7 trustee to deny the debtor's discharge based on a failure to keep and preserve financial records. The chapter 7 trustee had requested additional

Withdrawal of Reference Not Required after Jury Trial Refusal In In Growe Ex Rel Great Northern Paper v. Bilodard, 325 B.R. 490 (D. Maine 2005), a defendant in an adversary proceeding filed by a chapter 7 trustee seeking recovery of a preference or fraudulent conveyance

Defendant Knowledge No Substitute for Service of Complaint Rule 4(m) of the Federal Rules of Civil Procedure requires dismissal without prejudice or service by a date specific unless a summons and complaint is served within 120 days of the filing of the complaint. The

Under the Bankruptcy Code prior to the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), §1322(d), 1 "Contents of plan" stated: The plan may not provide for payments over a period that is longer than three years unless the court, for cause

Congress had a flurry of legislative activity before leaving for the Christmas recess on Dec. 22, completing action on some legislation changing the legal landscape on bankruptcy. However, several bills affecting the bankruptcy process, including an increase in

"You can never plan the future by the past." -Edmund Burke It has been said that life is all about timing. This is especially true when examining someone's financial status. Someone could be solvent today and insolvent tomorrow (or vice versa). Timing is also crucial

A 1996 survey of bankruptcy professionals by the American Bankruptcy Institute 2 reported that two-thirds of the creditor representatives and nearly half of the judges viewed serial filings as a significant problem. In October 2001, the U.S. Trustee Program launched the

Not surprisingly, "good faith" is an important theme in, and even a prerequisite to, the "fresh start" offered by bankruptcy. Among the Bankruptcy Code's requirements for confirmation of a chapter 13 plan is that it be proposed in good faith. 1 The Code reminds us that

To enable a fresh start, debtors often seek to avoid judicial liens that impair a claimed homestead exemption. With adjustable-rate mortgages, rising credit costs and increasing delinquencies, there is likely to be more activity in this motion practice. Debtors will be