Payments made by debtors to a university for a child's college education are per se constructively fraudulent transfers under section 548 when the payments were made when the parents were...
Before dismissing an involuntary bankruptcy petition based solely on an inadequate number of petitioning creditors, the bankruptcy court must ensure that the debtor's creditors are given notice of...
In a perplexing ruling regarding a court's ability to enforce the discharge injunction, the Fifth Circuit ruled that only a court in the district that issued the discharge could enforce the...
A bankruptcy court does not have authority to prohibit a debtor from bringing a claim for damages under 11 U.S.C. § 362(k). Section 362(k) creates a private cause of action.
1) In order to be awarded damages against a party for violating the automatic stay, the debtor bears the burden of showing by a preponderance of the evidence that the alleged offender willfully...
The Bankruptcy Appellate Panel affirmed the bankruptcy court's decision that the debtors' failure to timely pay a discounted settlement amount, thus leaving a $25 late fee unpaid after a...
A bankruptcy court could not approve a post-confirmation settlement agreement that modified the terms of the confirmed chapter 11 plan without complying with section 1127(b) or voiding the plan...
The homeowner's association lien for unpaid assessments on the debtor's condominium was limited to the amount of the HOA's recorded pre-petition state court judgment, and the remainder of its claim...
A creditor seeking to enforce an avoided lien needs to ensure that the lien does not otherwise expire during the course of the litigation or appeal. In this case, a judgment creditor whose lien had...
The pyschotherapist-patient privilege is limited to communications between a witness and his or her psychotherapist. A witness who claims to be unable to give accurate testimony because he or she...
