Seventh Circuit Allows Using Objective Evidence to Prove Subjective Recklessness
Lawyer’s malpractice can satisfy Bullock’s recklessness standard for nondischargeability.
An Inherited Home Can Be Covered by the Homestead Exemption
Exemptions are not always fixed on the date of filing.
Rule 9(b) Fraud Pleading Standards Don’t Apply to an FDCPA Complaint
Willfulness is not required by the FDCPA when pleading an automatic stay violation.
Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment
Abuse of discretion automatically results if a judgment harms a defrauded creditor.
Courts Split on Allowing Individual Debtors to Retain Wages on Conversion from 11 to 7
Chicago judge splits with Collier and Ninth Circuit BAP on wages following conversion.
Texas Judges Disagree About Exemption for Sale Proceeds from a Homestead
Judge finds a loophole in a Fifth Circuit opinion on the homestead exemption.
Fifth Circuit Finds an Exception to General Rule on Appellate Standing
Debtors facing discharge denial have standing to appeal claim allowances.
Exemptions Are Not a Moving Target the Trustee Can Shoot Down at Any Time
Judge Isgur interprets Schwab v. Reilly to benefit debtors and disadvantage trustees.
Courts Split on Stripping Down Residential Mortgages in Chapter 11
Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).
Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors
Creditor can sue when a chapter 13 trustee won’t or can’t.