A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.
Gift Cards Can’t Be Exempt Because They’re the Same as Nonexempt Cash
Pre-bankruptcy planning was ‘creative’ but didn’t succeed in enlarging the debtor’s exemptions.