Solvency May or May Not Result in Dismissal
The Fourth Circuit and a Delaware bankruptcy judge reach opposite conclusions on motions to dismiss petitions by solvent debtors.
Arresting the Debtor During Mediation Is a Very Big No-No
How to ruin a good case: have your adversary arrested during mediation.
A Trademark License Rejection Case May End Up in the Supreme Court
A case on the ability of state law to take property out of the estate after filing may not go to the Supreme Court.
Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Relation-back kicks in if an earlier motion contains the elements of a complaint.
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says
Overlay divorce and bankruptcy, and you’ve got a big mess.