Section 108(a) Time Extension Held Not Applicable to Chapter 13 Debtors
Courts split on whether Section 108(a) extension of statutes of limitations applies to chapter 13 debtors.
Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal
Relation-back kicks in if an earlier motion contains the elements of a complaint.
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says
Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.