State Law Determines Whether Post-Filing Mechanic’s Liens Are Voidable
Bankruptcy courts can enter final orders voiding mechanic’s liens, Third Circuit says.
Chapter 13 Plan Confirmation Doesn’t Bar Later Claim Objections, Circuit Holds
Res judicata does not apply to ‘deemed allowed’ claims.
Courts Split on Bankruptcy Judge’s Ability to Invoke ‘Innocent Spouse’ Doctrine
After waiting six months, bankruptcy court may rule on a debtor’s ‘innocent spouse’ claim.
Georgia Courts Disagree on Redeeming Pawn Property in a Chapter 13 Plan
Bankruptcy court disregards district court opinion on redemption of pawned property.
Preference Analysis Permits ‘Hypothetical-Within-a-Hypothetical’ on Chapter 7 Recovery
Ninth Circuit majority goes for a difficult issue when an easier answer was available.
Federal Judgment Rate Is Employed when Claims Are Paid in Full
Courts remain divided on what ‘legal rate’ means in Section 726(a)(5).
Judgments for Malice in California Aren’t Nondischargeable Automatically
Ninth Circuit again shows deference to the BAP in making the circuit’s bankruptcy law.
Bar Date Not Extended Three Days for Service by Mail
As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.