Yes. As reported by Robin Miller of CBAR, disagreeing with In re Surprise, 342 B.R. 119 (Bankr. N.D. N.Y. 2006) and In re Clayton, 2010 WL 4008335 (Bankr. E.D. Wash., Oct. 12, 2010), the court in In re Moore, 521 B.R. 280 (Bankr. E.D. Tenn., Sept. 29, 2014) held that a creditor’s filing a proof…
Archives for 2015
Does a Violation of Discharge Injunction Be Asserted by Filing a Motion for Contempt?
Yes. As reported by Robin Miller of CBAR, agreeing with In re Frambes, 454 B.R. 437 (Bankr. E.D. Ky. 2011) and disagreeing with Motichko v. Premium Asset Recovery Corp., 395 B.R. 25, 29 (Bankr. N.D. Ohio 2008), the court in In re Stevens, 2011 WL 6812807 (Bankr. E.D. Tenn., Dec. 28, 2011)held that an action for…
Does the Bankruptcy Code Preclude an FDCPA Remedy for Debt Collector’s Abuses?
As reported by Robin Miller of CBAR, the district court in Crawford v. LVNV Funding, LLC, 758 F.3d 1254 (11th Cir., July 10, 2014), reh’g and reh’g en banc denied (Sept. 18, 2014), pet. for cert. filed, LVNV Funding, LLC, v. Crawford, Case No. 14-858 (U.S. Sup. Ct., Jan. 15, 2015), held that the Bankruptcy Code does not…
Can the Chapter 7 Debtor’s Bad Faith Constitutes “Cause” to dismiss the case under Code § 707(a).
Yes. As reported by Robin Miller of CBAR, the Debtor’s bad faith is cause for dismissal of Chapter 7 case under Code § 707(a). The debtor exhibited bad faith in filing her Chapter 7 case, warranting the dismissal of the case for cause under Code § 707(a), where (1) there were deficiencies in the debtor’s…
Does the Evidentiary presumption of validity of proof of claim extend to the claims priority status?
No. As reported by Robin Miller of CBAR, the evidentiary presumption of the validity of a claim that arises upon the proper filing of a proof of claim does not extend to the priority status of the claim. In re Hack, 2009 WL 1392068 (Bankr. C.D. Ill., May 14, 2009); In re Taranovich, 1994 WL 329429…
Under Illinois Law are Both the Refundable and Nonrefundable Portions of Debtor’s Federal Child Tax Credit are Exempt as “Public Assistance Benefit”?
Yes. As reported by Robin Miller of CBAR, disagreeing with both In re Koch, 299 B.R. 523 (Bankr. C.D. Ill. 2003) (holding that the nonrefundable general child tax credit is not exempt as a “public assistance benefit” under 735 Ill. Comp. Stat. 5/12–1001(g)(1), while the refundable additional child tax credit is exempt) and In re Hardy, 503…
Can a Debtor Avoid a Lien under Code § 522(f) on Debtor’s Contingent Future Interests in Property?
No. As reported by Robin Miller of CBAR, the Chapter 7 debtor could avoid, under Code § 522(f), a creditor’s judgment lien on homestead property owned by the debtor and his nondebtor wife as tenants by the entirety, insofar as the lien attached to the debtor’s interest in the property as a tenant by the…