August 2012 – COTD

Form plan in Eastern District of California was consistent with statutes and rules concerning treatment of claims: proof of claim...

Objection to proof of claim for lack of documentation should not have been rejected because, under Louisiana Civil Code, party...

Creditor must file application for postpetition fees and expenses under § 506(b) and Bankruptcy Rule 2016 to give debtor and...

Blanket reservation of rights in form plan was insufficient to defeat res judicata effect of confirmation with respect to causes...

Conversion to Chapter 7 four months after confirmation was in bad faith when debtor had received life insurance proceeds from...

Oversecured creditor is entitled to reasonable fees but not to compensation for meritless objections to confirmation. Secured proof of claim...

Mortgage lender willfully violated stay when it refused to release hurricane damage insurance checks. Lender’s posted guidelines stated that if...

Citing Johnson v. Home State Bank, 501 U.S. 78, 111 S. Ct. 2150, 115 L. Ed. 2d 66 (June 10,...

Disagreeing with Strausbough v. Co-op Services Credit Union (In re Strausbough), 426 B.R. 243 (Bankr. E.D. Mich. Mar. 25, 2010)...

Requiring “catastrophic” circumstance for undue hardship is overly harsh and inconsistent with requirement that unsecured creditors receive at least what...