Automatic Stay

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.

A district court in Minnesota left the door open for sometimes compelling debtors to arbitrate claims arising in a bankruptcy case.

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo 1 Insurance Policy Buybacks and Settlements Approved in Rockville Centre Diocese Case In mass tort cases like many of the diocese sexual abuse bankruptcies, insurance can present a valuable source

The Ninth Circuit BAP eased the burden on debtors needing to prove that a lender violated Section 524(i) by failing to credit payments made under a plan.

Benchnotes By Bradley D. Pack, Aaron M. Kaufman and Christina Sanfelippo 1 Constitutional Challenge to Chapter 13 Trustee Compensation Scheme Rejected The salaries of chapter 13 trustees are paid by the trustees’ collection of a percentage fee from every plan payment

Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.

Benchnotes By Christina Sanfelippo, Aaron M. Kaufman and Bradley D. Pack 1 Delaware Bankruptcy Court Authorizes “Opt-Out” Nondebtor Third-Party Releases Hon. Craig Goldblatt of the U.S. Bankruptcy Court for the District of Delaware recently considered the standards for

Benchnotes By Aaron M. Kaufman, Bradley D. Pack and Christina Sanfelippo One Practical Effect of Using Bankruptcy to Pursue Litigation in the Context of a Ponzi Scheme: The In Pari Delicto Defense In Kelly v. BMO Harris Bank NA, 1 the Eighth Circuit explained one key

A Supreme Court nonbankruptcy decision means there is no right to a jury trial in the claims-allowance process in bankruptcy.