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:

  • Are state overpayments from the Child Care Assistance Program and the Supplemental Nutrition Assistance Program considered “domestic support obligations?” (7th Circuit)
  • When is a landlord-tenant eviction judgment considered a “judgment for possession” which triggers the exception to the automatic stay under 11 U.S.C. § 362(b)(22)?  (9th Cir. BAP)
  • Whether the Bankruptcy Court must report to the United States Attorney when one attorney offers another attorney additional business to resolve an unrelated bankruptcy dispute. (Bankr. S.D.Tex.)
  • In a chapter 13 case, if a debtor timely filed her schedules and list of creditors (but omitted a secured creditor), can the omitted secured creditor be granted additional time to file a claim under Rule 3002(c)(6)(A)?  (Bankr. E.D.KY.)
  • Can a chapter 11 consumer debtor have filing fees waived? (3rd Cir.)
  • Can a bankruptcy court dismiss a chapter 13 for failure to demonstrate income and repayment potential?  (7th Cir.)
  • Does a bankruptcy court have to conduct an evidentiary hearing to grant a mortgage holder’s motion for in rem relief from the automatic stay under Section 362(d)(4)(B)? (Bankr. S.D.N.Y.)

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