Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals
Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.
Trustee Has No Private Right of Action for Debtor’s Failure to Cooperate
Discharge denial is enough sanction for a debtor who doesn’t cooperate with the trustee.
Courts Split on Stripping Down Partially Commercial Mortgages
Buffalo case begs for circuit court ruling to set up a circuit conflict and cert petition.
Austin Judge Writes Treatise on Valuation of Personal Property
Lender needs more than Blue Book value to win a valuation trial.
Potential Tort Claims Are Not Estate Property
Not knowing a cause of action exists sometimes keeps a tort claim out of the estate.
Lower Courts Split on Nondischargeability of Education-Related Loans
New York judges narrowly define ‘educational benefit’ to discharge student loans.
Ninth Circuit Says 1980s Supreme Court Opinion Out of Step with Plain Meaning
High court should revisit Kelly v. Robinson from 1986, circuit court says.
Courts Split on Chapter 13 Debtors’ Rights under Section 108(b)
Chattanooga judge takes pity on a debtor about to lose her home in a tax sale.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Question left open in Harris v. Viegelahn decided against debtor in chapter 11.