Debt for Selling a Gun Used in a Mass Killing Was Dischargeable
Congress might want to consider closing a dischargeability loophole when it comes to injuries indirectly resulting from commission of a felony.
‘Economic Unit Approach’ Best Fixes the Size of a ‘Household,’ Judge Larson Says
The IRS and Census methods for determining the size of a ‘household’ undercount or overcount economic realities, judge says.
Are Inheritances Estate Property in Chapter 13? You Decide
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
Fees Benefiting Only the Debtor — and Not the Estate — Are Compensable in Chapter 13
Section 330(a)(4)(B) is an exception to the American Rule and the notion that administrative expenses must benefit the estate, not just the debtor.
‘Holder Rule’ Protects Debtors from Claims by Subsequent Holders of Consumer Paper
Holder in due course of consumer paper remains subject to the debtor’s claims against the originator of the paper.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
Congress may have intended to preclude ‘stay and pay,’ but it didn’t succeed.
Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds
Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.
District Judge in Dallas Splits with Eleventh Circuit on Judicial Estoppel
Conversion to chapter 7 bars judicial estoppel on claim arising after filing.