Latest Case Updates &
Revisions to Chapter 13 Bankruptcy, 4th Ed.
Added
Thursday, December 1, 2011:
81 New Cases Added to the Updater.
Added
Tuesday, October 18, 2011:
176 New Cases Added to the Updater.
Added
Friday, September 23, 2011:
89 New Cases Added to the Updater.
Added
Monday, August 30, 2011:
128 New Cases Added to the Updater.
Added
Wednesday, August 17, 2011:
173 New Cases Added to the Updater.
Added
Wednesday, July 20, 2011:
125 New Cases Added to the Updater.
Added
Wednesday, June 21, 2011:
179 New Cases Added to the Updater.
Added
Wednesday, June 1, 2011:
174 New Cases Added to the Updater, and
1 Treatise Section was Updated:
§ 476.1 Local Standards: Housing and Transportation
Latest Editorials & Bulletins
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Careful What You Wish For:
State Court Judgment Gives Debtor
Standing to Avoid Preference
You may remember the decision of the Bankruptcy Appellate Panel for the Sixth Circuit
in Dickson v. Countrywide Home Loans (In re Dickson), 427 B.R. 399
(B.A.P. 6th Cir. Apr. 12, 2010) (Fulton, McIvor, Shea-Stonum). The interesting
holding by the BAP in Dickson was that a Chapter 13 debtor had “derivative standing”
to pursue the preferential perfection of a lien on a manufactured home when the trustee
declined to bring the action. On further appeal, the United States Court of Appeals for the
Sixth Circuit has affirmed the BAP, but the Circuit found a different and equally
interesting logic: the Chapter 13 debtor has direct standing to avoid the
preferential perfection of a lien when the creditor took a default judgment during the
preference period. Dickson v. Countrywide Home Loans (In re Dickson), No. 10-5580,
2011 WL 3768684 (6th Cir. Aug. 26, 2011) (Norris, Gibbons, Griffin).
POSTPETITION DSOs
RUN AMOK IN EIGHTH CIRCUIT
Of course, it’s not uncommon for strange facts to make strange law.
But the outcome found by the United States Court of Appeals for
the Eighth Circuit in Burnett v. Burnett (In re Burnett), 646
F.3d 575 (8th Cir. July 20, 2011) (Smith, Beam, Benton), may be the
product of both strange law and strange facts with respect to the treatment
of domestic support obligations (DSOs) in Chapter 13 cases after BAPCPA.
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You know how quickly the Ch13 world can change, and how simply keeping up simply isn't enough. That's why we've converted and expanded Chapter 13 Bankruptcy, 4th Ed. by Keith M. Lundin and William H. Brown into an online service that we can update continuously. The top Treatise on Ch13 by two of the most respected authors in the field now changes as fast as Ch13.
Chapter 13 Bankruptcy, 4th Ed.
by Keith M. Lundin and
William H. Brown
CHAPTER 13 BANKRUPTCY, 4th ED. by Keith M. Lundin and William H. Brown contains a tremendous amount of information in one easy-to-use online system. It opens in its own window, and we find it most easily viewed on its own monitor in "full-screen" mode ("F11" in most browsers, or Tools/View > Full Screen).
THE UPDATER™ – is a huge database of cases – 7,900 and counting – organized in sections exactly like Chapter 13 Bankruptcy, which the authors have read and summarized, and which are on-deck to be added to the Treatise. Some areas of Chapter 13 law don’t change often; other aspects are changing constantly. We prioritize the revision of sections to reflect where the law has changed and where the changes are most important. But because we know that you want all the cases in your district and circuit, even if they haven’t made it into the text of the Treatise, you get them in the UPDATER.™
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EDITORIALS – From Bill, Keith and occasional guests: what has them cranked up. Why that new BAPCPA case is important. What’s wrong with Form B22C. Did the BAP get it right, or the Court of Appeals? They are keeping watch and talking to you about what they see. They offer insight about the constantly changing Ch13 world.
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