chapter 13

Mortgagee’s Misapplication of Plan Payments not Tortious

01/07/13

By: Benjamin Yeamans

St. John’s Law Student

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Have You Already Gone Over the Fiscal Cliff?

12/30/12

The United States will go over the fiscal cliff tomorrow if Congress cannot come up with at least a short term solution. But what about us? Many of us have already gone over our fiscal cliff.  Even if Congress finds a way to avoid the country going over the cliff, it is unlikely they will help the rest of us solve our financial distress.

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Keep a Tax Refund After Filing Chapter 13 Bankruptcy

11/27/12

Keeping a tax refund after filing a Chapter 13 bankruptcy case is commonly done in Massachusetts, and should be allowed across the country.

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Chapter 13 Trustee Dismissal Motion Denied, Court Says Debtor in Good Faith

10/04/12

In re Henry Walker, 12-32098, SD TX In this case, the Debtor had failed to disclose that he had settled a lawsuit before filing bankruptcy, and that he had repaid his grandmother $7000 from the settlement. The Chapter 13 Trustee David Peake found out about it, and filed a Motion to Dismiss, arguing that the Debtor was not prosecuting his case in “good faith” as required by the Bankruptcy Code.

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Can A Bankruptcy Continue After Death Of Debtor?

09/22/12

One of Benjamin Franklin’s most famous quotes is:  “Certainty? In this world nothing is certain but death and taxes.”

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In Defense of Bankruptcy Courts (or, Is Bankruptcy Really That Exceptional?)

09/18/12

Although not always acknowledged expressly, exceptionalism is pervasive in bankruptcy scholarship. Some work makes no attempt to contexualize bankruptcy within the federal courts, apparently assuming its unique qualities (for example, the disinterest in most bankruptcy venue scholarship about venue laws applicable to other multi-party federal litigation). But other projects are more deliberate in their exceptionalist pursuits.

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