Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s
Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.
Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown
Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.
No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least
Several cases are in the running for Supreme Court review this term or next.
Circuit Split on Wage Garnishments Underpins a Certiorari Petition
Certiorari petition asks Supreme Court to narrow Local Loan and Barnhill.
Seventh Circuit Opines on Method for Calculating ‘New Value’ Defense
Average daily sales suffice to show the date when new value was advanced.
En Banc, Eleventh Circuit Narrows Applicability of Judicial Estoppel in Bankruptcy
Eleventh Circuit inveighs against harming innocent creditors by invoking judicial estoppel.
Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds
Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.
Reperfecting a Mortgage Isn’t Grounds for a Fraudulent Transfer
Mistakenly cancelling a mortgage can result in a preference but not a fraudulent transfer if the cancellation is later rescinded.
State Laws on Tracing Determine Whether Tax Refunds Are Exempt
Differing state laws govern the exemption of tax refunds for individuals.