November 2012 – COTD

Equal-monthly-payment requirement in § 1325(a)(5)(B)(iii)(I) applies to real property and precludes balloon-payment plan that pays real estate–secured claim through sale...

Section 362(k) awards attorney fees as actual damages when creditor foreclosed with knowledge of the Chapter 13 case; citing Metz...

Judicial estoppel precludes civil rights action that was omitted from schedules in 0% Chapter 13 case; amendment of schedules after...

The exception to discharge in § 1328(a)(4) is not limited to prepetition awards of restitution or damages. “A past participle...

Condominium association’s lien for unpaid assessments was not subject to modification. Debtor acquired condominium subject to association’s lien for unpaid...

Litton Loan Servicing was not responsible for attorney fees for stay violations of predecessor servicer.

Plan cannot partially surrender collateral securing commercial mortgage while paying balance of bifurcated mortgage; alternatives in § 1325(a)(5) “for the...

Oversecured creditor was entitled to postpetition interest under § 506(b), but penalty portion of Government’s tax claim was not part...

Section 1326(a)(1)(C) requires preconfirmation adequate protection only for purchase money portion of secured claim; payments not required when creditor did...

Petition filed by uncle on behalf of minor nephew in a manner that did not comply with Bankruptcy Rule 1004.1...