New York

Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.

Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.

No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.

A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.

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.

New York district judge requires a student loan debtor to prove the reasonableness of living expenses when the lender never objected.

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

Bankruptcy Judge Eduardo Rodriguez explained why the Second Circuit was wrong in ruling that violators of Rule 3002.1 are only liable for compensatory damages.

Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.

The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.