Like 18th Century England, There’s No Jury Trial Right for Stay Violations
Granfinanciera tells us to study English law from the 18th century in deciding when there’s a right to a jury trial in bankruptcy cases.
Do Debtors Get to Keep Post-Confirmation Windfalls in Chapter 13?
Chapter 13 scholar Keith Lundin believes that debtors retain inheritances acquired more than 180 days after filing.
Differences Between Judicial and Statutory Liens Explained by Judge Heston
Only judicial liens that impair exemptions may be avoided under Section 522(f)(1).
District Court Affirms: ‘13’ Debtors Lose Appreciation in a Home After Conversion to ‘7’
On an issue where the courts are split, a district judge in Washington State holds that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
Chapter 13 Debtors Lost Appreciation in Property After Conversion to ‘7’
On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.
There Are No Fractions of a Household in Tacoma, Washington
Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.
Courts Split on Arbitration over Dischargeability of Student Loans
Seattle judge disagrees with Florida judge on arbitration over bar study loans, while Second Circuit ponders the issue.
Involuntary Servitude Claim Raised in Involuntary Chapter 11
Did Congress make another constitutional mistake in BAPCPA?