1ST CIRCUIT
- 1st Circuit BAP Explains The Bankruptcy Rules Concerning Motions to Vacate Judgments
- In a chapter 13 confirmation context, can a creditor successfully move for summary judgment on the issues of bad faith plan and petition under 11 U.S.C. §§ 1325(a)(3) and (a)(7)? (Bankr. D.ME.)
- Whether a chapter 7 debtor, who wants to retain a leased vehicle, must sign a reaffirmation agreement to assume the lease. (Bankr. D.Mass.)
- Can a debtor claim a homestead exemption for sale proceeds received post-petition that were not reinvested timely? (D.ME.)
2ND CIRCUIT
- Does a default judgment entered prior to bankruptcy have preclusive effect in a dischargeability proceeding? (2nd )
- 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.)
- Does the automatic stay stop a sanction proceeding by the United States Trustee? (Bankr. D.VT.)
3RD CIRCUIT
- Can debtor’s counsel be forced to disgorge his entire fee for failure to provide notices to the debtor pursuant to 11 U.S.C. §§ 526-528? (Bankr. D.N.J)
- Is a “safe harbor” letter required before filing a 9011 motion if the conduct complained of involves the filing of the bankruptcy petition? (Bankr. D.N.J.)
4TH CIRCUIT & DC CIRCUIT
- 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.)
- Bankruptcy Court Enforces Automatic Stay Award by Debiting Award From Creditor’s Claim, Collects Cases Reporting Damage Awards (Bankr. D.S.C.)
- When are punitive damages warranted when a creditor violates the automatic stay? (Bankr. W.D.VA.)
5TH CIRCUIT
- Does the means test allowance for mortgage expenses create a cap which disallows the extra amount of a higher mortgage payment? (Bankr. N.D.Tex.)
- Bankruptcy Court Denies Chapter 7 Trustee’s Proposed $105,000.00 Settlement of Slip and Fall as Not Fair and Equitable (Bankr. W.D.Tex.)
6TH CIRCUIT
- In a dischargeability sanctions proceeding, which party bears the burden to prove that there is no objectively reasonable basis for concluding the discharge makes a creditor’s actions unlawful? (Bankr. N.D.Ohio)
- In resolving a trustee plan objection to confirmation, can the parties agree to strike the offending language without service or notice to creditors? (Bankr. E.D.Tenn.)
- Is an adversary proceeding required to avoid a wholly unsecured junior mortgage in addition to chapter 13 plan language doing the same? (Bankr. N.D.Ohio)
- Are voluntary retirement contributions valid means test deductions in a chapter 13? (E.D.Mich.)
7TH CIRCUIT
- Is intentional concealment of a lawsuit in a bankruptcy grounds to bar the law suit under the judicial estoppel principle? (7th )
- 7th Circuit Explains Bankruptcy Court Jurisdiction to Address Tax Claims
- 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)
- Can a chapter 7 trustee reopen a bankruptcy to administer a previously disclosed and abandoned asset? (Bankr. C.D.IL.)
- Can a chapter 13 debtor who is a Successor-in-Interest to encumbered real estate, de-accelerate the mortgage in his chapter 13? (Bankr.E.D.Wis.)
- Is a state court injunction prohibiting the filing of bankruptcy invalid? (Bankr. N.D.IL.)
8TH CIRCUIT
- Bankruptcy Court Discusses the Four Way Case Law Split of Interpretations of Section 109(g)(2) Affecting the Eligibility to be a Debtor Within Six Months of Voluntary Dismissal (Bankr. E.D.Ark.)
- After a chapter 13 discharge can the IRS collect on unpaid interest on its claim? (Bankr. Neb.)
9TH CIRCUIT
- In a student loan dischargeability proceeding, can a Debtor still demonstrate undue hardship if a student loan lender offers an IBRP of $0.00 per month? (Bankr. D.OR.)
- Does a bankruptcy court have jurisdiction to enter a monetary judgment on a disputed state law claim in the course of making a dischargeability determination? (D.NV.)
11TH CIRCUIT
- In a “Chapter 20” scenario, is it bad faith for the Debtor to file the chapter 13 if the plan will not strip off a wholly unsecured second mortgage? (Bankr. S.D.Fla.)
- Can a bankruptcy court strike a 97 page pleading because it exceeded the 25 page limit in the local rules? (Bankr. N.D.GA.)
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