Supreme Court Grants Cert

By Larry Foyle Kass Shuler, P.A., Tampa, Florida

The Supreme Court granted Certiorari petitions in two consolidated cases coming out of the 11th Circuit. Bank of Amer. v. Toledo-Cardona, 11th Cir. No. 14-163, and Bank of Amer. v. Caulkett, 11th Cir. No. 13-1421. The issues pertain to lien stripping in a Chapter 7 context. The 11th Circuit applied its Prior Panel Precedent Rule and was required to follow its Folendore decision from 1989 (a case that predates Dewsnup v. Timm 1992). The 11th Circuit determined in . . .

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By William Houston Brown, United States Bankruptcy Judge, Retired; Editor/Adviser, The Academy On April 1, 2019, an increase takes effect in those dollar amounts in the Bankruptcy Code that are subject to adjustment every three years.1 The following increases have significance in everything from the eligibility maximums for filing under Chapters 12 and 13 to the debtor’s exemptions. Relevant Official...

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The no man’s land between the mortgage due date and late payment is a persistent trouble spot for Chapter 13 practitioners. For example, are there arrears when the case is filed during the grace period and the payment made before it was late? In Borre, Judge Ronald Sargis of ED CA said no. He held that the payment was not...

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Bankruptcy Code Section 521(e)(2)(A)(i) and (ii) provides that a debtor must supply tax returns to the trustee in a chapter 7 or 13 case, and to a creditor who timely requests such copy. Must the debtor provide copies that contain personal identifying information such as names, addresses and social security numbers of dependents including minor children? Or a redacted version...

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13 documents by Independence Software – Encrypted and Scans for PII

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By Cathy Moran, Esq. (Redwood City, CA) After the pandemic, when the economy lurches back into motion, bankruptcy lawyers will confront a clutch of troubled Chapter 13 cases. In the face of disruption, distress, and the unknown, we'll be called on to guide clients forward, in one direction or another. Let's review the questions we'll need to answer in order...

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Student Loans Debacle-Part II: Failure to Forgive – The Ticking Time-Bomb

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