Published: July 19, 2013
Bankruptcy practitioners are bracing themselves for a new set of guidelines that will drastically change the way their fee petitions are reviewed in large Chapter 11 cases.
In a 100-page reproach of a Lawrence, Mass., petition preparer, U.S. Bankruptcy Court Judge Henry J. Boroff has issued a strong warning against the unauthorized practice of law and articulated a restrictive interpretation of the work non-attorney petition preparers are allowed to conduct on behalf of debtors.
Prepetition bad faith on the part of a debtor provided “cause” under the Bankruptcy Code for the dismissal of his Chapter 7 case, the 11th U.S. Circuit Court of Appeals has ruled in affirming judgment.
WASHINGTON – In a ruling that will have an immediate effect on more than 1,000 federal laws and programs, the U.S. Supreme Court has struck down the Defense of Marriage Act, holding that the law prohibiting recognition of state-sanctioned same-sex marriages for federal purposes unconstitutionally violates equal protection principles.
WASHINGTON — Taking up a complicated jurisdictional issue that has split the circuits since the justices ruled in the case involving the late pinup Anna Nicole Smith, the U.S. Supreme Court has agreed to decide whether bankruptcy court judges can rule on matters normally reserved for Article III judges if the parties in the matter consent — and whether such consent can be implied from the parties’ conduct.
A Chapter 7 debtor did not forfeit bankruptcy protection for $66,000 held in a Merrill Lynch individual retirement account by granting a lien to the financial institution to cover potential future debts, the 6th U.S. Circuit Court of Appeals has ruled in reversing judgment.
Can a bankruptcy court surcharge a debtor’s constitutionally-protected homestead exemption?
Law v. Siegel, No. 12-5196. Certiorari granted: June 17, 2013. Ruling below: 435 Fed.Appx. 697 (9th Cir. 2011).
The U.S. Supreme Court has agreed to decide whether a bankruptcy trustee can surcharge a debtor’s constitutionally protected homestead property.
A Chapter 7 debtor’s prepetition claim against her former spouse for alimony was property of her bankruptcy estate, the Bankruptcy Appellate Panel for the 8th U.S. Circuit Court of Appeals has ruled in affirming judgment.
A ban on mandatory arbitration clauses in some mortgage loans took effect June 1 as part of new rules created by the Consumer Financial Protection Bureau.