Support for Indigent Extended Family Cut Off in Chapter 13, but Life Insurance Wasn’t
Chapter 13 forces judges to micromanage the lives of debtors.
One Owner May Strip a Lien Off Property Owned JTWROS, Judge Huennekens Says
Courts disagree on lien stripping by one owner of entireties property and jointly owned property.
Another Appellate Court Bars Arbitration of ‘Core’ Claims
State attorney general was allowed to intervene in a class suit alleging that a lender violated usury laws.
In Chapters 7 and 13, ‘Excusable Neglect’ Won’t Always Justify Filing a Late Claim
A creditor without knowledge of bankruptcy isn’t always entitled to file a late claim in chapters 7, 12, and 13, Judge Harner says.
Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan
Factors in permitting separate classification of debts include moral obligation and tangible benefit.
Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13
Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.
Malicious Theft of Trade Secrets Doesn’t Result in Nondischargeability, Circuit Says
Egregious behavior doesn’t always result in nondischargeability for willful and malicious injury.
‘Treasury Offset Program’ Can’t Be Used After Bankruptcy, Judge Volk Rules
Bankruptcy Judge Volk, nominated for the district court, rules in favor of the debtor on a question dividing the courts.
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Section 1326 Preempts State Law on Levies to Collect Child Support, Fourth Circuit Says
Achieving a ‘good result’ is no reason to disregard a command in the Bankruptcy Court.