November 2012

November 30, 2012
Judicial estoppel precludes civil rights action that was omitted from schedules in 0% Chapter 13 case; amendment of schedules after...
November 29, 2012
By Leon D. Bayer, Bayer, Wishman & Leotta, Los Angeles, CA I. Grab Control Over Pre-Filing Issues SUN SCREEN PROTECTS...
November 29, 2012
The exception to discharge in § 1328(a)(4) is not limited to prepetition awards of restitution or damages. “A past participle...
November 29, 2012
By Nima Ghazvini, Staff Attorney for Martha G. Bronitsky, Standing Chapter 13 Trustee, Northern District of California, Oakland Division The...
November 28, 2012
Condominium association’s lien for unpaid assessments was not subject to modification. Debtor acquired condominium subject to association’s lien for unpaid...
November 27, 2012
Litton Loan Servicing was not responsible for attorney fees for stay violations of predecessor servicer.
November 26, 2012
Plan cannot partially surrender collateral securing commercial mortgage while paying balance of bifurcated mortgage; alternatives in § 1325(a)(5) “for the...
November 21, 2012
Oversecured creditor was entitled to postpetition interest under § 506(b), but penalty portion of Government’s tax claim was not part...
November 20, 2012
Section 1326(a)(1)(C) requires preconfirmation adequate protection only for purchase money portion of secured claim; payments not required when creditor did...
November 19, 2012
Petition filed by uncle on behalf of minor nephew in a manner that did not comply with Bankruptcy Rule 1004.1...
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