Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
Trustee’s Stated Intent to Abandon by Itself Won’t Allow a Debtor to Sell
Estate property must be formally abandoned before the power of sale reverts to the debtor.
Interlocutory Orders Compelling Arbitration May Be Appealed with Permission
Shallow constitutional foundation of the bankruptcy court justifies allowing interlocutory appeals, district judge says.
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.
EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13
Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.
New York Judge Takes Different Approach to Repeat-Filer Automatic Stay Termination
Using a different approach, Judge Grossman agrees with the minority on Section 362(c)(3)(A).
Circuit Split Brewing on Modifying Mortgages on Mixed-Use Properties
Lower courts are tending to disagree with two circuits on Section 1322(b)(2).
Constructive Trust Theory Fails Without Showing Unjust Enrichment
Parents who benefitted from son’s secret ownership couldn’t claim title.