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NACBA News


Dec 06, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a creditor violate the automatic stay by threatening a debtor with criminal prosecution to collect a civil debt? (Bankr. W.D.VA.) In chapter 13, can an under-secured 910-car creditor tack on post-petition attorney's fees? (Bankr. W.D.AR.) In a chapte...

Nov 30, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a bankruptcy court have the discretion to deny an amendment of exemptions if the amendment is in bad faith or would prejudice creditors? (8th Cir.) What are the dangers in filing an emergency bankruptcy petition for a Debtor you never met and who did...

Nov 23, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a chapter 7 debtor have standing to object to the trustee's proposed sale of assets? (8th B.A.P.) Can a debtor exempt a rifle as "[n]ecessary apparel, bedding, foodstuffs, household furniture and appliances?” (Bankr. D.CT.). Is failure to discl...

Nov 16, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a calendaring error made by Debtor's counsel constitute "excusable neglect” under Civ. P. 60(b)(1) and Fed. R. Bankr. P. 9024? (Bankr. E.D.MI.) Can Debtors defend against a trustee's tuition claw back by asserting they received the economic ben...

Nov 08, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Can a state agency argue that a debt is non-dischargeable under Section 523(a)(7) if it began criminal proceedings to collect the debt post-petition?(Bankr. N.D.AL.) Does a chapter 7 debtor have standing to object to a claim? (Bankr. E.D.NY.) Can debtor's...

Nov 01, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

In a chapter 13, does a car creditor violate the automatic stay if the storage lot owner does not release a repossessed vehicle? (Bankr. E.D.MI.) Is a homestead refund credit received post-petition on real estate taxes paid pre-petition part of the bankru...

Oct 25, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Does a Defendant asserting judicial estoppel have standing to object to a motion to reopen a bankruptcy (11 U.S.C. § 503) to disclose the omitted claim? (D. W.D.WA.) Can a debtor pay off a car title pawn loan over the duration of a chapter 13 bankruptc...

Oct 18, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

If a bankruptcy court denies a discharge under Section 727, does it have the authority to enter a money judgment against the debtor under a non-dischargeability proceeding under Section 523? (Bankr. E.D.MI.) Can a chapter 13 debtor cram down a residence w...

Oct 15, 2019

District Court Confirms Debtor's Absolute Right to Dismissal under Section 1307

Prior to filing bankruptcy, the Debtor was sued in state court for fraudulent misrepresentation and for breaching a contract to restore a vintage automobile. A default judgment was entered against her. Ten years later she filed a chapter 13 bankruptcy. Th...

Oct 11, 2019

Case Bites: Interesting Issues and Decisions from This Week's Cases

Can a debtor, post-deposition, make material, contradictory changes to his deposition transcript on the Errata Sheet? (Bankr. N.D.GA.) Can the bankruptcy court allow a late claim by a creditor omitted from a timely filed creditors list? (Bankr. MD.) Can a...

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