Filing Date Controls Whether Residential Mortgages Can Be Modified
Courts are split on two issues regarding the antimodification provisions in Sections 1123(b)(5) and 1322(b)(2).
Debtor Successfully Claims an Exemption 19 Years after Discharge
Law v. Siegel allows exempting an asset that had not been scheduled.
Chicago Wins One Round in Battle over Parking Tickets
The battle continues in Chicago over using chapter 13 to beat parking tickets.
Structured Finance Protects Tuition Payments from Fraudulent Transfer Suits
Children were the initial transferees of tuition payments, thus giving schools the ‘good faith’ defense to fraudulent transfers.
Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.