Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property
Tenth Circuit is in the minority by requiring affirmative action for a stay violation.
Debtor Must Turn Over a Portion of Accrued Vacation Pay to the Trustee, District Judge Holds
The value of prepaid family expenses belongs to the trustee, even without being a fraudulent transfer.
Benchnotes Dec/Jan 2006
Debtor Not Estopped from Pursuing Inadvertently Unscheduled Claim In Best v. Kroger Co., 339 B.R. 180 (W.D. Tenn. 2006), a former chapter 13 debtor failed to schedule a pre-petition Title VII claim for sexual harassment and constructive discharge. The ex-employer moved
Judicial Estoppel and Employment Discrimination Claims in Bankruptcy
The forthcoming bankruptcy legislation poses considerable challenges for bankruptcy practitioners. There is little in the way of legislative history, and many commentators have noted the amended Code's lack of clarity and precision in a number of amendments. There is