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.
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.
Bankruptcy Court Sometimes Lacks Jurisdiction over Tax Disputes, Judge Rules
‘Related to’ jurisdiction arises only if unsecured creditors are affected, judge holds.