Supreme Court Hears Argument on Good Faith as Defense to Discharge Violation
In Taggart v. Lorenzen, the justices sounded largely noncommittal, except for the Chief Justice, who seemed in the debtor’s camp favoring a stricter standard for contempt of the discharge injunction.
Bankruptcy Notice to a Creditor Represented by Counsel in State Court Is Adequate
Conversely, giving notice to a creditor’s state-court counsel may not be adequate, New Jersey judge says.
Lenders Admonished to Demand Nothing More in Plans than the Law Allows
Judge Hunt in Chicago tells debtors’ counsel to oppose inclusion of unjustifiable provisions in chapter 13 plans, even if it means contested confirmation hearings.
Is the ‘Accrual Test’ for the Existence of a Claim Alive and Well after Grossman’s?
Are there two tests for the existence of a claim, one test for claims against the debtor and another test for claims by the debtor?
Refunds by Creditors After Chapter 13 Discharge Go to Creditors, Not the Debtor
The logic of Harris v. Viegelahn doesn’t mean that chapter 13 debtors receive distributions refunded by creditors.
Arizona Judge Grants Discharge Despite Default on Direct-Pay Mortgage
Courts are split on denying a chapter 13 discharge for missing payments made directly to the mortgagee.