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 default judgment entered prior to bankruptcy have preclusive effect in a dischargeability proceeding? (2nd Cir.) 
  • Can a UCC lien be avoided if it doesn’t contain a description of the collateral and instead refers to a description in another document? (7th Cir.)
  • Do five failed attempts of chapter 13 plan confirmation constitute per se unreasonable delay and cause for dismissal under 11 U.S.C. § 1307(c)(1)? (Bankr. E.D.Va.)
  • After a chapter 13 discharge can the IRS collect on unpaid interest on its claim? (Bankr. Neb.)
  • If a chapter 7 debtor’s attorney exercises control over an estate asset before abandonment, is he guilty of violating the automatic stay? (Bankr. Conn.)

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