Robert H. Jacobvitz

When there was a prior discharge of personal liability on a mortgage note, what’s the theory for confirming a plan in a subsequent chapter 13 case?

An individual debtor conceded that being jailed for violation of a prepetition state court injunction wasn’t an automatic stay violation.

In a chapter 7 case, a disappointed bidder wasn’t required to show Article III standing but was still required to demonstrate prudential standing as falling within the class of persons protected by Section 363.

After conversion, the debtor was entitled to prosecute an appeal at the debtor’s expense when the appeal involved the debtor’s personal liability.

While neither Social Security benefits nor post-petition income are estate property in Subchapter V, they must be included in an individual’s monthly operating reports, Bankruptcy Judge Jacobvitz says.

The Tenth Circuit BAP inferred a requirement of justifiable reliance on nondischargeability for actual fraud.

Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.

Official Form 122C-2 could be read to deprive a chapter 13 debtor of the IRS standard housing deduction when the statute permits the deduction.

Judge Jacobvitz told counsel for chapter 13 debtors how to write their engagement agreements to ensure being paid from funds held by the trustee if the case converts to chapter 7 before confirmation.

Although federal credit unions are not controlled by the government, they are governmental units under the Bankruptcy Code, Judge Jacobvitz says.