On Dismissal in ‘13,’ the Debtor Gets a Refund Regardless of a Property Execution
The Supremacy Clause overrides a property execution when a chapter 13 petition is dismissed before confirmation.
Courts Divided on Broad or Narrow Grounds for Transferring Venue Under Section 1412
Some courts don’t transfer venue under 28 U.S.C. § 1412 if the claims are only ‘related to’ the bankruptcy and don’t arise in the bankruptcy case or arise under the Bankruptcy Code.
Another District Judge Rules that Tax Foreclosures Can Be Fraudulent Transfers
The circuits are split on whether the Supreme Court’s BFP opinion can be extended to bar fraudulent transfer attacks on in rem real estate tax foreclosures.
Tax Foreclosure in New York Can Be a Fraudulent Transfer, District Judge Says
The Supreme Court’s BFP opinion on mortgage foreclosures held not applicable to tax foreclosures in New York.
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
New York Stands Alone by Not Requiring Delivery to Transfer a Note and Mortgage
District judge makes an ‘Erie’ guess on an undecided issue of New York law.
Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.