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:

  • 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 chapter 7 case, does the bankruptcy estate include proceeds from a post-petition settlement for events that occurred pre-petition? (Bankr. ID.)
  • Can an appellate court summarily affirm a lower court when the appellant’s argument is seriously deficient and in utter disregard of the applicable procedural rules? (B.A.P. 1st. Cir.)
  • Is the bankruptcy court required to dismiss a chapter 7 bankruptcy for failure to comply with the credit counseling requirements when dismissal is opposed by the Trustee holding assets? (Bankr. W.D.N.C.)

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