Why a Secured Creditor’s Deficiency Wasn’t Treated as an Unsecured Claim
Post-discharge default didn’t entitle a lender to treatment as an unsecured creditor.
Latent Defects in Medical Devices Don’t Give Rise to Estate Property
Segal v. Rochelle prevented a personal injury claim from becoming estate property.
Third Circuit Joins the Majority in the Split Over Late-Filed Tax Returns
Circuit split widens on an issue the Supreme Court has been ducking.
A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds
BAPCPA amendments on student loans modified the definition of ‘educational benefit.’
Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine
Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.
For Chapter 13 Eligibility, Lease Claims Aren’t Capped
Large judgment for future rent made debtors ineligible for chapter 13.
An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code
Bankruptcy law definition of a ‘lien’ is broader than state law.
Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7
Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.
Surprising Analysis Yields the Expected Result on Choice of Law for Claims
Chosen law governed statute of limitations for allowance of claims in bankruptcy.
For Chapter 13 Lien Stripping, Use the Filing Date for Valuation
Caulkett did not bar chapter 13 lien stripping, Massachusetts judge holds.