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

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

Issues discussed in cases below:

  • If debtors make a pre-petition fraudulent transfer relying on attorney’s advice, when does a cause of action for malpractice occur, before or after the bankruptcy is filed?  (D.C.Mass.)
  • In a chapter 13, if a mortgage lien is not addressed in the plan, can the Debtor argue the lien is stripped by negative implication? (N.D.Miss.)
  • On a proof of claim, does Rule 3001(c)(2)(A) require itemization of interest and fees from the inception of the account? (Bankr. E.D.Va.)
  • In a chapter 13, when student loans are in deferment, can the debtor separately classify the student loans to receive less than other general unsecured creditors? (Bankr. E.D.Mich.)
  • When is an oral settlement agreement between counsel for the debtor and creditor enforceable?  (Bankr. D.Ct.)
  • In a chapter 13 plan, can debtor’s counsel include non-standard language to preserve payment after discharge of any unpaid attorney’s fees directly from debtor? (Bankr. W.D.Mich.)
  • Does Espinosa allow a Debtor to eliminate non-dischargeable tax debt if the debt is only addressed in plan language regarding general unsecured claims?  (N.D.Cal.)
  • When a chapter 13 debtor has unpaid traffic tickets, does a city violate the automatic stay under 11 U.S.C. § 362(a)(1) and 362(a)(6) when it fails to take post-petition actions to rescind its arrest warrant and issue a compliance letter to assist in reinstatement of debtor’s driver’s license? (8th Cir. BAP)


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