For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
Civil Contempt Proceedings Exempt from Automatic Stay in Ninth Circuit
No automatic stay to protect litigation misconduct in the Seventh and Ninth Circuits.
Fee Application After Completion of Plan Payments Comes Too Late
Fees awarded after discharge are wiped out like everything else.
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.
Personal Bankruptcy Bars Incarceration, but Not Finding of Civil Contempt
FTC allowed to continue contempt proceedings for failure to pay restitution.