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.
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.
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.
Debtors’ right to reduce bankruptcy payments limited
Published: November 4, 2011
Tags: CHAPTER 13, Social Security
Married debtors were not entitled to a drastic reduction in their monthly payment obligations under their confirmed bankruptcy plan when one of them lost a second job, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
Home lender can recover attorney fees in bankruptcy
Published: October 19, 2011
Tags: attorney fees, CHAPTER 13
A home lender could recover attorney fees incurred in connection with a borrower’s Chapter 13 bankruptcy case, the 5th Circuit has ruled in reversing judgment.
Chapter 13 debtor can ‘strip off’ unsecured liens
Published: September 2, 2011
Tags: CHAPTER 13, stripdown
A Chapter 13 debtor could “strip off” wholly unsecured liens on his principal residence, the 8th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Bankruptcy lawyer fined for ‘unreasonable reliance’
Published: August 31, 2011
Tags: CHAPTER 13, Sanctions
A lawyer could be sanctioned for unreasonably relying on information provided by her client in pursuing creditor claims in a bankruptcy case, the 3rd Circuit has ruled in reversing judgment.
States not liable for violating bankruptcy orders
Published: July 29, 2011
Tags: automatic stay, CHAPTER 13, child support, sovereign immunity
States are not liable for attempting to collect delinquent child support payments in alleged contravention of orders in a father’s bankruptcy case, the 11th Circuit has ruled in reversing contempt sanctions.
Debtor can’t modify IRS claims for unpaid taxes
Published: June 28, 2011
Tags: CHAPTER 13, Internal Revenue Service, IRS
A Chapter 13 debtor could not modify Internal Revenue Service secured claims for overdue tax deficiencies into a long-term debt payable over a period of 15 years, the 5th Circuit has ruled in affirming judgment.
Poverty guidelines posted for waiver of bankruptcy fees
Published: May 19, 2011
Tags: Administrative Office of the U.S. Courts, Bankruptcy Abuse Prevention and Consumer Protection Act, Bankruptcy Code, BAPCPA, CHAPTER 13, Chapter 7, filing fees, Poverty Guidelines
The office overseeing the federal judiciary has posted new poverty guidelines for the waiver of filing fees in certain bankruptcy cases.
SUBSCRIBERS: Did you receive the new Lawyers USA Weekly Update in your inbox on Monday?
If not, click here to register and learn more now.
