The CARES Act, Public Law 116-136 had amended several parts of the Bankruptcy Code, but included sunset provisions terminating March 27, 2021. The COVID-19 Bankruptcy Relief Extension Act of 2021, H.R.1651, passed by the House and Senate and signed by the President on March 27, 2021, extended some provisions for another year. Section 1113 of the CARES Act had amended...
Should We Be Playing It Close To The Vest?
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By John Gustafson, Chapter 13 Trustee for the Northern District of Ohio, Western Division
A pair of recent bankruptcy decisions make strange bedfellows, while still managing to cause bankruptcy attorneys some sleepless nights. But what do the Sixth Circuit’s decision in Kimberlin, and the Rosa decision out of Hawaii have in common? On the surface – not much.
Kimberlin expands the requirement for disclosing new causes of action in an almost-completed Chapter 13, stripping a debtor of the right to sue because the schedules were not amended to list a cause of action in a 60 month . . .
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