Claims

Segal v. Rochelle May Remain Good Law Only in Limited Circumstances

The elaborate definition of ‘estate property’ in Section 541(a) may have superseded the 1966 ‘sufficiently rooted’ analysis in Segal.

In ‘13,’ a Creditor Wanted Debtors’ Counsels’ Fees to Come Last, Not First

Chicago’s Bankruptcy Judge Donald Cassling nixed an idea that would have made chapter 13 unpalatable for debtors’ counsel.

‘Notice’ in Rule 3002(c)(7) Means Notice of the Bar Date, Not Notice of the Case

Bankruptcy Judge Scott Grossman adopted the analysis by Bankruptcy Judge Brian Walsh in concluding that creditors are entitled to notice of the claims bar date, not just notice of the filing.
5th Circuit Apr 21, 2025

Fifth Circuit: Repayment of Unsecured Term Loan Sometimes Must Be Accelerated in ‘13’

A 2/1 decision required chapter 13 debtors to accelerate repayment of nondischargeable student loans.

Broad Scope, or Slippery Slope? Justification of Johnson

Broad Scope, or Slippery Slope? Justifications of Johnson By Jeffrey Fraser In Johnson v. Home State Bank, 1 the U.S. Supreme Court rendered a seemingly benign ruling regarding the impact of a chapter 7 discharge on a mortgage claim, concluding that a chapter 13

Where, Oh Where, Are the Child-Support Creditors?

Where, Oh Where, Are the Child-Support Creditors? By Hon. Elizabeth Gunn, Stuart Wilson-Patton and William R. Pursell 1 It is axiomatic that bankruptcy law in the U.S. is designed to provide a fresh start to individuals weighed down by unfathomable debt (the honest, but

The Army’s Dependent Support Requirement: A DSO Under Title 11?

The Army’s Dependent Support Requirement: A DSO Under Title 11? By John R. Serrano 1 Staff Sergeant (SSG) Snuffy serves on active duty in a stateside military installation. He is married and has one child. The U.S. Army provides him with an allowance for housing based

9th Circuit Jan 24, 2025

Debtors Have a Narrow Window in ‘13’ to Redeem Foreclosed Property, BAP Says

Because a right of redemption does not give rise to a claim, Section 1322(b) doesn’t enable a debtor to redeem foreclosed property when the right of redemption has expired.