Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
Fourth Circuit Ducks a Split on Pension Contributions in Chapter 13
Sixth Circuit remains the only appeals court to preclude all pension contributions after a chapter 13 filing.
Claim of an Involuntary Petitioner Must Be Entirely Undisputed
BAPCPA amendments changed prior law on disputed claims and involuntary petitions, Nevada judge says.
BAPCPA Limits Remedies Against Debtors Who Don’t Reaffirm or Surrender
‘Stay and pay’ may not be permissible, but the remedies can be toothless.
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Motion for reconsideration must be made promptly, or due process violation will evaporate.
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
Chicago Strikes Out on Priority Status for Post-Petition Parking Fines
Clever drafting of chapter 13 plans prevents collection of post-petition parking fines.
Eleventh Circuit Joins Ninth in Allowing Appellate Counsel Fees for a Stay Violation
Circuit court broadly interprets fee shifting in Section 362(k) for a willful stay violation.
Homestead Exemption Must Be Paid in Full Before a Sale Is Permitted, BAP Says
Splitting with the Sixth Circuit, the Tenth Circuit BAP does not require equity to claim a homestead exemption.