$1.6 Million Fee Disgorgement Upheld for Failure to Disclose Fee-Sharing
The bankruptcy judge had authority to sanction a lawyer for all misconduct in the district, not just in the cases before that judge.
Judgment Liens Based on Nondischargeable Debts May Be Avoided as ‘Impairments’
A homestead can be protected from collection of a nondischargeable debt, limiting the judgment creditor to attaching nonexempt property.
Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
Courts Reject BAP Opinion on Estate Property When Individuals Convert from 11 to 7
Individuals in chapter 11 who convert to chapter 7 come out worse that those who convert from chapter 13.
Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.
Final Orders Allowed in Preference Suits Against Defendants Who Didn’t File Claims
Following dicta in Bellingham, Judge Collins finds no power to enter a final order in a fraudulent transfer suit against a defendant who did not consent.
As an Exempt Asset, a Dog’s Value Is Priceless, Judge Collins Says
Pet insurance and proceeds are exempt, even above the value of the pet.
Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation
Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.