Court Narrowly Construes Taggart to Find Contempt of the Discharge Injunction
Atlanta judge gave the benefit of the doubt to the debtor on a discharge violation, but limited damages to the recovery of attorneys’ fees.
Two-Year Statute for Avoidance Actions Doesn’t Apply to Claim Objections
Even if the two-year statute of limitations for avoidance actions has run, the trustee can still strip away the lender’s secured status in a claim objection.
Tardy Recordation of a Mortgage Not Salvaged by Relation-Back Arguments
A mortgage recorded more than 30 days after closing resulted in a transfer within the preference window.
Stabbing Victim Gets No Sympathy for His Lawyer’s Mistake
Sympathy for a client won’t make up for counsel’s mistake.
Courts Disagree on When a ‘Med-Mal’ Claim Becomes Estate Property
District and bankruptcy courts reach diametrically different results on identical facts regarding the same defective medical device.
Failing to Turn Over Tax Returns Isn’t Fatal to a Chapter 7 Filing
Debtors aren’t required to turn over tax returns that don’t exist.
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Judge Homer Drake Insulates Social Security Income from Chapter 13 Payment Calculation
One Georgia judge disagrees with another over a chapter 13 confirmation objection.
Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan
Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.
Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).