Retention of Jurisdiction by Itself Does Not Confer Subject Matter Jurisdiction, Circuit Holds
First Circuit narrowly interprets ‘arising in’ jurisdiction.
In Dischargeability, No Disclosure Required if Not Requested
Sometimes, failure to disclose material facts is not misleading.
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
Banks Admonished to File Foreclosure Deeds Promptly, or Else
Requiring prompt filing of a foreclosure deed is not absurd, Massachusetts judge says.
Massachusetts District Judge Nixes Notion of Forced Vesting in Chapter 13
District judge hopes novel theories of equity will permit forced vesting.
Subjective Feeling of Coercion Doesn’t State a Claim for Discharge Violation
First Circuit requires attempt to collect to prove a discharge injunction violation.
Discharge Denied for Omitting Name of a Retirement Account
Scheduling the amount of an asset isn’t enough. The name must be shown, too.
Most Courts Still Refusing to Discharge Taxes from Late-Filed Returns
Novel theory fails to persuade Boston judge to discharge taxes from late-filed returns.
Even if Tax Debts Are Not Discharged, Penalties Can Be, Judge Boroff Rules
‘Plain meaning’ permits discharge of some tax penalties.
Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals
Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.