A ‘13’ Plan Can’t Pay Nondischargeable Debt in Full and Give Nothing to Other Creditors
Bankruptcy Judge Jeffery Deller of Pittsburgh defines impermissible discrimination among unsecured creditors in a chapter 13 plan.
Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
Lawyer Must Disclose a Client’s Misconduct, Even When It’s ‘Uncomfortable’
Lawyers aren’t guarantors for a client’s misconduct, but they may be sanctioned for a coverup.
Lack of Creditor Opposition Isn’t Grounds for Extending an Expiring Automatic Stay
A repeat filer in chapter 13 must show ‘clear and convincing evidence’ of improved financial condition to warrant an extension of the automatic stay under Section 362(c)(3)(B), Chief Judge Taddonio says.
Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.
Exercise Caution in Electing Remedies Against Someone Who May File Bankruptcy
Sometimes, being too aggressive backfires when the defendant files bankruptcy.
Sovereign Immunity Doesn’t Insulate States from Lien Stripping, District Court Says
States have no sovereign immunity defense to lien stripping, even if the state has not filed a proof of claim.
Sovereign Immunity Doesn’t Insulate States from Lien Stripping
For three independent reasons, Judge Taddonio rules that states are not immune from stripping down or stripping off tax liens.
Criminal Restitutions Are Not Recoverable as Preferences, Judge Agresti Says
Restitution payment does not qualify for the new value preference defense.