Is an Option an Executory Contract or Not?
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
Failing to File a Claim Has Dire Consequences for a Secured Creditor
A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.
Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination
District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.
Debtors’ Attorneys Are Paid in Chapter 13 Before Secured Creditors
Indiana bankruptcy and district judges rule that secured lenders are only entitled to ‘adequate protection’ until the debtor’s counsel’s allowed fees have been paid in full.
Courts Split on Arbitrating Dischargeability of Student Loans
Supreme Court’s Epic decision may end up forcing debtors to arbitrate dischargeability of loans.
Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans
‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.
Notre Dame Football Tickets Are Not Exempt Property, South Bend Judge Holds
Notre Dame football tickets are not necessary for a fresh start.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.
Guardian’s Fees Not Discharged in Father’s Bankruptcy
Indiana judge parts company with other courts in helping out a guardian ad litem.