Sixth Circuit Widens Split on Mooting Appeals from Sale Orders
Equity is required to claim a homestead exemption, Sixth Circuit holds.
Chapter 13 Debtors May Prorate Tax Refunds in Calculating Plan Payments
Chapter 13 trustees aren’t always entitled to a turnover of tax refunds.
Wages Garnished Before Bankruptcy Are Voidable Preferences, Circuit Rules
Test case on preferences deepens a circuit split and lays the groundwork for certiorari.
Courts Split on Allowing Credit Counseling on the Same Day but After Filing
Judge follows statutory language that didn’t achieve the result Congress intended.
Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan
Bankruptcy court disregards district court opinion on redemption of pawned property.
Florida Judge Plunges into the Split on Enforcing Arbitration Agreements
Debtor must arbitrate a violation of the discharge injunction.
Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
Notice to Admit Laid Basis for Collateral Estoppel When Consent Judgment Didn’t Qualify
Consenting to judgment failed to avoid imposition of collateral estoppel on dischargeability.