Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says
Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.
Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules
Debtors have standing for a motion compelling a trustee to abandon.
Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure
Unperfected mortgage can be perfected after discharge, BAP implies.
Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds
Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.
Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment
Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.
Dubious Opinion Says Automatic Stay Inapplicable to Setoff Against Exempt Property
District judge refuses to give automatic stay protection to a tax evader.
Trustees Don’t Get a Second Bite at the Abandonment Apple
The debtor, not the trustee, can profit from a secured creditor’s mistakes.
Fee Application After Completion of Plan Payments Comes Too Late
Fees awarded after discharge are wiped out like everything else.
Sixth Circuit Widens Split on Mooting Appeals from Sale Orders
Equity is required to claim a homestead exemption, Sixth Circuit holds.
Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify
Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.