A Claim Objection Can Head Off Election of a Permanent Chapter 7 Trustee
A creditor can’t elect a trustee to pick its adversary in a lawsuit, Bankruptcy Judge Gunn says.
Time Limits for Effecting Service of Process Can Be Flexible, Eleventh Circuit Says
Under unusual circumstances, a two-year delay in completing service of process was not fatal in the Eleventh Circuit.
Estate Claims Can’t Be Sold for Trivial Recovery by Unsecured Creditors
Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.
Pawn Loans May Be Modified in Chapter 13 if There Wasn’t a Default Before Filing
Eleventh Circuit limits its own precedent to say that pawn lenders aren’t entirely immune from bankruptcy.
Discharge Cuts Off Future Liability on a Guaranty, Some Courts Hold on a Split
The ‘conduct’ test in the Seventh Circuit, not the ‘accrual test,’ determines when a claim arose and whether it was discharged.