Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.
State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Res judicata does not apply to ‘deemed allowed’ claims.
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.
Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan
Bankruptcy court disregards district court opinion on redemption of pawned property.
Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).