Connecticut District Judge Allows ‘Chapter 20’ to Strip Off Subordinate Lien
Second Circuit primed to agree or split with three circuits on ‘chapter 20’ lien stripping.
Circuit Split Deepens on Stale Claims as Violations of the FDCPA
Vigorous dissents in the Seventh and Fourth Circuits accentuate splits on the FDCPA.
Ninth Circuit Holds that 510(b) Subordination Applies to Individual Debtors
Ninth Circuit follows the Second Circuit and rejects the Ninth Circuit B.A.P.
Seventh Circuit Widens Split on Filing Stale Claims as Violations of the FDCPA
Over dissent, the Seventh Circuit creates a safe harbor for pursuing stale claims in bankruptcy.
An Allowed Claim Doesn’t Bar an FDCPA Suit from Attacking the Same Debt
Georgia district judge confronts creditors who file claims based on stale debts.
Circuit Split Widens on Test for Nondischargeability from Late-Filed Tax Returns
Ninth Circuit avoids the one-day-late rule for nondischargeability of tax debts.
Circuits Starkly Split on Filing Time-Barred Claims as Violations of the FDCPA
Eighth Circuit says bankruptcy adequately protects debtors from assertion of stale claims.
Plan Permitted to Stretch Out Redemption Payments Following a Tax Sale
Courts split on whether failure to redeem on time is fatal in a reorganization.
Claim Objections Are Permissible in Chapter 13 After Plan Confirmation
Tulsa judge permits leisurely objections to unsecured claims in chapter 13.
Did Segal v. Rochelle Survive Butner and Adoption of the Bankruptcy Code?
Courts use four approaches to harmonize Butner with Segal v. Rochelle.