Car can be repossessed from debtor after bankruptcy 
Published: July 20, 2011
Tags: Chapter 7, repossession
A creditor could enforce an ipso facto clause in a retail installment contract and repossess a vehicle after the debtor failed to reaffirm the debt in her bankruptcy case, Maryland’s highest court has ruled in answering a certified question from a U.S. Bankruptcy Court.
Moving debtors can claim homestead exemption
Published: June 22, 2011
Tags: Chapter 7, homestead exemption
Debtors could claim a homestead exemption in their bankruptcy case — even though they planned to move from their home, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing 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.
Bankruptcy triggers auto lender’s default rights
Published: May 11, 2011
Tags: Chapter 7, repossession, Uniform Commercial Code
A debtor’s filing for bankruptcy resulted in a sufficient impairment of collateral to trigger an auto lender’s contractual right to repossession, the Kansas Supreme Court has ruled in affirming judgment.
Bankruptcy case could be dismissed for ‘abuse’
Published: May 4, 2011
Tags: Bankruptcy Abuse Prevention and Consumer Protection Act, Chapter 7
A Chapter 7 case could be dismissed based on evidence that the debtors had adequate resources to pay their debts and otherwise were abusing the bankruptcy process, the 4th Circuit has ruled in affirming judgment.
Debtor denied discharge for pre-conversion misconduct
Published: April 15, 2011
Tags: CHAPTER 13, Chapter 7, debtor misconduct
A Chapter 7 debtor could be denied a discharge of debts based on his pre-conversion refusal to obey a Chapter 13 confirmation order, the 10th Circuit has ruled in affirming judgment.
Security interest exists in debtor’s vehicle
By:
Pat Murphy
Published: January 5, 2011
Tags: Chapter 7, lien, Uniform Commercial Code
A lien holder had a valid security interest in a Chapter 7 debtor’s vehicle – despite the absence of a written security agreement, the 6th Circuit Bankruptcy Appellate Panel has ruled in reversing judgment.
Debt settlement fees aren’t fraudulent in bankruptcy
By:
Pat Murphy
Published: December 10, 2010
Tags: Chapter 7, fraudulent transfer
Debt settlement fees paid by debtors prior to bankruptcy could not be set aside as fraudulent transfers, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
What you need to know if your client goes bankrupt
By:
Reni Gertner
Published: November 15, 2010
Tags: 20 Things Lawyers Need to Know in 2011, attorney fees, CHAPTER 13, Chapter 7, contingency fees, fee collection, legal fees
A growing number of non-bankruptcy lawyers are finding themselves listed as creditors when their clients file for bankruptcy.
Chapter 7 debtor can’t discharge student loans
By:
Pat Murphy
Published: November 1, 2010
Tags: Chapter 7, student loans, undue hardship
A Chapter 7 debtor could not obtain a discharge of student loans in light of her live-in boyfriend’s substantial financial contributions to household expenses, the 8th Circuit Bankruptcy Appellate Panel has ruled in affirming judgment.
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