Debtor Not Compelled to Arbitrate Automatic Stay or Discharge Violations
A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.
Transfer Occurs When Property Is Placed in Escrow or In Custodia Legis
When disbursement depends on subsequent court approval, the transfer still occurs beforehand when the deposit was made in custodia legis.
Bankruptcy Courts in Colorado and Minnesota Bar Bifurcated Fee Arrangements
Local rules require lawyers to prepare and fill all required chapter 7 papers regardless of whether the debtor pays the fee or agrees to pay the fee.
Split Widens on Dischargeability for Third Party’s Violation of Securities Laws
Circuits are split 2/1 on whether a debtor must have committed a securities law violation before a judgment is made nondischargeable under Section 523(a)(19).
Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue
Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
Courts Disagree on Necessity for Court Approval of New Debt in Chapter 13
To protect debtors from unscrupulous lenders, courts drive up the cost of chapter 13.
An Inherited Home Can Be Covered by the Homestead Exemption
Exemptions are not always fixed on the date of filing.