Foreclosing bank can’t set aside bankruptcy stay 
Published: February 3, 2012
Tags: automatic stay, CHAPTER 13, foreclosure, mortgage
A bank seeking to proceed with a home foreclosure lacked standing to obtain relief from the automatic stay entered in the homeowner’s bankruptcy case, the 10th Circuit has ruled in reversing judgment.
Lawyer disbarred for false statements in bankruptcy
Published: January 24, 2012
Tags: ethics, lawyer discipline, Rules of Professional Conduct
A lawyer could be disbarred for making false statements in the bankruptcy case of a client who wanted to hide her husband’s income, the New Hampshire Supreme Court has ruled.
Bankruptcy judges, lawyers frustrated by ‘Stern’ ruling
By:
David Frank and Kimberly Atkins
Published: December 30, 2011
Tags: Article III, Bankruptcy, Federal courts, Stern v. Marshall
U.S. Bankruptcy Court Judge Barbara J. Houser’s job is a lot harder than it used to be, and she is not afraid to admit it.
The problem for Houser and her colleagues, as well as practitioners across the country, is the U.S. Supreme Court’s 2011 Stern v. Marshall decision, which limited the ability of judges to hear and rule on claims that regularly arise outside the Bankruptcy Code.
Non-compliant plan may be exempt in bankruptcy
Published: December 28, 2011
Tags: Chapter 7, Internal Revenue Code, Keough retirement plan, retirement plan, taxation
A retirement plan that was not technically “tax qualified” under federal law may still be exempt from the taxpayer’s bankruptcy estate, the Utah Supreme Court has ruled in answering a certified question from a U.S. District Court.
Automatic stay for bankrupt party doesn’t apply to co-defendants
Published: December 23, 2011
Tags: automatic stay, Chapter 11, joint and several liability, wrongful death
An insolvent asbestos defendant’s bankruptcy filing does not stay all litigation involving solvent co-defendants, the Alabama Supreme Court has ruled.
Bankruptcy case dismissed for flawed credit counseling
Published: December 20, 2011
Tags: CHAPTER 13, credit counseling
A Chapter 13 case could be dismissed because the debtor failed to complete both the Internet and telephone portions of his mandatory prepetition credit counseling, the 6th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Justices to decide ‘cramdown’ rights of secured lender
Published: December 12, 2011
Tags: Chapter 11, cramdown
The U.S. Supreme Court will decide whether a Chapter 11 debtor may pursue a reorganization plan that proposes to sell encumbered assets at auction free and clear of liens without allowing a secured lender to bid its credit.
Bankruptcy procedure rules are revised
Published: December 7, 2011
Tags: Bankruptcy, Federal Rules of Bankruptcy Procedure
Several changes to the Federal Rules of Bankruptcy Procedure went into effect on Dec. 1.
Assignee can set aside bankruptcy stay
Published: December 7, 2011
Tags: automatic stay, Chapter 7
The assignee of a security interest in a motor vehicle had standing to set aside the automatic stay in the borrower’s bankruptcy case, even though the assignment hadn’t been recorded in accordance with applicable state law, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy order on abuse issue can be appealed
Published: December 2, 2011
Tags: CHAPTER 13, Chapter 7
An order denying a U.S. Trustee’s motion to dismiss a debtor’s Chapter 7 bankruptcy case as abusive is a final appealable order, the 4th Circuit has ruled in reversing a denial of a motion to appeal.
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