Wisconsin Court rules Debtor Fees being paid in chapter 13 plan reduce amount...
Regarding a matter in which there is a split of opinions Judge Halfenger ruled that the fees due to debtor's counsel to be paid through the chapter 13 plan reduced the amount required to be paid to...
View ArticleCalifornia district court affirms ruling in favor of debtor on stay-discharge...
The District Court for the Northern District of California affirmed the bankruptcy court's ruling finding a condominium association violated the automatic stay and discharge injunction as to...
View ArticleFlorida court determines Ohio law precludes successful defendant/debtor from...
In Feldy Boys, LLC v. Polasky (In re Polasky), 221 Bankr. LEXIS 927, Adv No. 2:18-ap-594-FMD (7 April 2021) Judge Delano denied the Debtor-Defendant's request for attorneys fees, but allowed costs...
View Article11th Circuit reverses summary judgment for credit reporting agency under FCRA...
The 11th Circuit just recently entered a decision on the liability of credit reporting agencies for continuing to report an obligation owed on a debt discharged in bankruptcy. In Losch v....
View ArticleVirginia District Court finds private right to action under §525(b)...
It is fairly rare to see a case brought alleging employment discrimination due to the filing of a bankruptcy. This allegation gave rise to a complaint under 11 U.S.C. §525(b) in Johnson v....
View ArticleDischarge denied for failure to disclose funds from sale of home used to...
Bankruptcy can be a great help to most debtors, but when a debtor tries to game the system, and fails to disclose relevant information, the discharge can be denied. In In re Dhaliwal, 2021 Bankr....
View ArticleJ Jennemann rejects spendthrift trust claim on home owned by trust as did not...
Placing the title of a house into a joint revocable living trust appears to have caused the loss of an exemption to the property in In re Givans, 2021 Bankr. LEXIS 1449, Case No. 6:19-bk-01928-KSJ...
View Article11th Circuit reaffirms burden on Debtor to show undue hardship on student...
A recent case from the 11th Circuit affirmed the rulings of the bankruptcy and district court that a debtor failed to show that she met the standards for undue hardship in order to discharge a...
View ArticleVermont bankruptcy court denies request to extend time to file proof of...
In In re Elias, 2021 Bankr. LEXIS 1554, Case No. 20-10334 (Bankr. D.Vt. 10 June 2021) US Bank filed a motion for leave to file a late mortgage claim in a chapter 13 case on the claims bar date, 6...
View ArticleSubmission of proposed order post-petition on state court ruling made...
Judge Specie in Pensacola, Florida sanctioned counsel for a creditor in a Subchapter V chapter 11 case for submitting a written order on the request of a state court judge substituting their client...
View ArticleUnscheduled claim filed after bar date is dischargeable if claim filed in...
Judge Funk in Jacksonville ruled in favor of the debtor as to a debt that was not scheduled before the claims bar date in a chapter 7, but where the claim was filed in time to share in any...
View ArticleOregon bankruptcy court awards debtor fees for defending motion for relief...
In a decision that may have reflected some frustration at the creditor's conduct, the a bankruptcy court in Oregon granted the debtor's request for $4,123.50 in fees for defending a motion for...
View ArticleThird Circuit affirms award of sanctions against University for willful stay...
The ruling came in Cal Coast Univ. v. Alekna (In re Aleckna), 2021 U.S. App. LEXIS 27128, 2021 WL 4097155 (3rd Cir. 9 September 2021). The debtor owed $6,300 toward tuition payments prepetition,...
View ArticleMichigan district court rejects magistrate recommendation for dismissal of...
A class action suit was filed against PNC Bank alleging violations of the Truth in Lending Act and Real Estate Settlement Procedures Act for failing to send ongoing monthly statements during and...
View ArticleArizona court discusses removal requirements
In remanding a case back to Arizona state court, an Arizona district court decision found that the case was never properly removed to the federal district court, and it may not have jurisdiction...
View ArticleTennessee bankruptcy court rules on standards to tax fees under §523
In Dr. Gil Center for Back, Neck and Chronic Pain Relief v. Rigney (In re Rigney), 2021 Bankr. LEXIS 2824, Case no 4:20-bk-12437-NWW, Adv No 4:21-ap-01002-NWW (Bankr. E.D. Tenn. 12 Oct 2021) the...
View ArticleJudge Jennemann rules that living in hotel where Debtors work does not result...
The trustee in In re Patel, 2021 Bankr. LEXIS 2897, Case No 6:18-bk-00036-KSJ (Bankr. M.D. Fl. 20 October 2021) had initially abandoned the property after discussing the residence situation at the...
View ArticleFt. Lauderdale bankruptcy court rules on personal jurisdiction, statute of...
In a case touching on a number of legal issues, Judge Grossman granted in part a motion to dismiss a fraudulent conveyance action, but with leave to amend, in In re Bal Harbour Quarzo, LLC, 2021...
View ArticleTexas bankruptcy court requires amendment of 'shotgun pleading' complaint
In Chowdary v. Ozcelebi (In re Ozcelebi), 2021 Bankr. LEXIS 3541, Case no 10-70295, Adv. no 21-7001 (Bankr. S.D. Tex. 29 December 2021) the Court ruled on a motion to dismiss a dischargeability...
View ArticleFlorida bankruptcy court denies request to dismiss chapter 7 for bad faith...
In a case that the US Trustee's office alleged expenses were overstated on schedule J, and that schedule I should have included a draw from his business for cancer treatment as a special...
View ArticleFlorida district court rules order on reconsideration of objection to claim...
There is a very short 14 day period to appeal final orders in bankruptcy. A question can often arise whether an order is final or not. This was the situation in A&S Entm't LLC v. Florida, case...
View ArticleNinth Circuit BAP affirms chapter 13 debtor's absolute right to dismiss case...
An issue that arises occasionally in chapter 13 practice occurs when a debtor filed under chapter 13, but then changes their mind and wants out of bankruptcy, despite a request from another party...
View ArticleN.D. Texas court finds Household size for purposes of means test should be...
In a detailed opinion from Judge Larson in the Bankruptcy Court for the Northern District of Texas the court found that in determining household size for purposes of a chapter 13 case, the...
View ArticlePost Filing Amendments to Means Test should use Current Standard Expenses
In a case that can make a difference in a number of chapter 13 cases, Judge Mark in the Southern District of Florida ruled that when an amended means test is filed in chapter 13, the standard...
View Article10th Circuit in first decision on court of appeals level, finds chapter 13...
In the first court of appeals ruling on the issue, the 10th Circuit Court of Appeals ruled that chapter 13 trustees were not entitled to retain trustee fees in cases that were not confirmed....
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