Judge Court
District of New Hampshire
Recoupment of Social Security Benefit Overpayments Is Barred as a Setoff
Medicaid overpayments may be recovered as ‘recoupment’ while Social Security overpayments are attempted setoffs barred by discharge, Bankruptcy Judge Harwood says.
Chapter 13 Can Cure a Home Mortgage Default Even After a Foreclosure Auction
Section 1322(c) allows a debtor to cure a mortgage default so long as the foreclosure deed was not recorded before bankruptcy.
Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
Massachusetts Homestead Exemption Focuses on Use, Not Intention
First Circuit BAP goes easy on a consumer debtor’s homestead.
Trust Property Sometimes Can Be Property of an Individual's Bankrupt Estate
Foreclosing property not in the debtor's name sometimes can violate the automatic stay.