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Page 6 of 132
Extension of Stay Applies to Creditor Who Was Not Served with Motion
The bankruptcy court properly exercised its discretion to grant an extension of stay in the debtor’s second chapter 11 case where the case was filed in good faith as to the creditors to be stayed even though one of the creditors to which the stay applied was not served with the motion. FourWs, LLC. V. Miller, […]
Tags: automatic stay, automatic stay extensions, bankruptcy, discharge violation, notice and hearing standards
February 6, 2023
Right to Dismiss Despite Bad Faith or 109(e) Ineligibility
A chapter 13 debtor’s statutory right to dismiss his bankruptcy is not precluded by bad faith or ineligibility under section 109(e). Powell v. TICO Construction Co. Inc., No. 22-1014 (B.A.P. 9th Cir. Oct. 21, 2022). TICO Construction, a judgment creditor in the debtor’s chapter 13 case, opposed the debtor’s motion to voluntarily dismiss his bankruptcy under […]
Tags: 109(e) debt limits, bankruptcy, good faith, voluntary dismissal
January 31, 2023
UpRight Isn’t Above the Rules: Fourth Circuit Upholds Sanctions for Ethical Violations in Bankruptcy Case
Although the complaint against him alleged violations of the Bankruptcy Code and he was ultimately sanctioned for ethical violations under Virginia Rules of Professional Conduct, a lawyer with UpRight was given due process in his sanctions hearing where the complaint specified the alleged misconduct and he was afforded the opportunity to prepare and present a […]
Tags: bankruptcy, consumer protection, repossession, Sanctions
January 26, 2023
Mortgagee Sanctioned for Non-Compliance with Rule 3002.1(b)
The mortgage creditor’s failure to comply with notice requirements of Rule 3002.1(b) when escrow and interest rates changed during bankruptcy, led the court to determine that the debtors were current on their mortgage payments and to sanction the mortgagee. In re Kinderknecht, No. 17-12530 (Bankr. D. Kans. Jan. 18, 2023). When the debtors filed for chapter […]
Tags: bankruptcy, mortgage payment adjustment, Rule 3002.1, Sanctions, variable interest rates
January 24, 2023
Plan Confirmation Does Not Defeat Antimodification Provision
Although the debtor’s confirmed chapter 13 plan included a provision for release of the mortgage lien upon payment of the lender’s claim, the bankruptcy court erred in releasing the lien when the claim was for arrearages only, there remained outstanding principle at the end of the plan, and the mortgagee challenged release of the lien […]
Tags: anti-modification provisions, bankruptcy, lien release, lien removal, lien retention, res judicata
January 16, 2023
Experian Not Required under FCRA to Know Legal Validity of Debt
Where it was not clear whether the debtor’s educational loan was included in his discharge, Experian did not violate the FCRA by reporting it as an outstanding debt. Mader v. Experian Information Solutions, Inc., No. 20-3073 (2d Cir. Jan. 4, 2023). In 2013, the debtor received a chapter 7 discharge, covering “all dischargeable debts.” After his bankruptcy […]
Tags: bankruptcy, credit reporting, credit reports
January 11, 2023
Non-Debtor Spouse Transfers Interest to Debtor Post-Discharge
The debtor’s adversary complaint stated a claim under sections 522 and 524 against a creditor who pursued state court action to avoid the transfer of community property from the non-debtor spouse to the debtor after the debtor had obtained discharge of the creditor’s claim. Rhodes v. Pecanland Village Shopping Center, LLC., No. 19-31559, Adv. Proc. […]
Tags: bankruptcy, transfer avoidance
January 5, 2023
Removal of Trust Contingency Benefits Estate
Removal of a contingency in a Trust did not create a new asset such that the resulting increase in value to the debtor/beneficiary would be considered a post-petition asset. In re Wright, No. 19-21544 (Bankr. D. Kans. Dec. 7, 2022). The Wrights filed for chapter 13 bankruptcy with unsecured debts totaling $14,196.53. They confirmed a […]
Tags: bankruptcy, Plan modification, Property of Estate
January 2, 2023
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