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| File | Description | Date Uploaded |
 doc/24kBCREDITOR LACKS STANDING TO PURSUE ASSETS BELONGING TO THE ESTATE |
Held, a creditor does not have standing to bring a claim on behalf of a bankruptcy estate. 11 U.S.C. § 323 vests the bankruptcy trustee with the exclusive right to sue on behalf of the bankruptcy estate. | 4/17/2006 |
| doc/24kB CASE INVOLVES VALUES IN TRANSFERRED PENSION PLAN RIGHTS |
A debtor’s right to a surplus generated by a pension plan is a property interest. An amendment to that pension plan that irrevocably decreases the surplus is a transfer of the property interest. | 4/17/2006 |
| doc/26kB NEW BANKRUPTCY RULES PROPOSED |
At its Spring 2006 meeting in March, the Advisory Committee on Bankruptcy Rules approved amendments to several Official Bankruptcy Forms and Interim Bankruptcy Rule 1007, which implement the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. | 4/11/2006 |
| doc/26kB JUDGE HOLDS DISPOSABLE INCOME MEANS PROJECTED POSTPETITION INCOME, NOT PREVIOUS 6 MONTH AVERAGE |
In re Hardacre, __ B.R. __, 2006 WL 541028 (Bankr. N.D. Tex. 3/6/06) the opinion noted the conundrum of the test as prescribed by the Code which calculates disposable income based on prepetition income history, versus the actual disposable income the debt | 4/11/2006 |
| doc/30kB 2d Circuit Rules that 9019 Order Approving Settlement Is Final Upon Entry Even Though Separate Stipulated Judgment Hadn’t Been |
Knowing when a bankruptcy order is final and appealable is not always obvious in a bankruptcy case, as demonstrated by a recent decision from the Second Circuit in In re The Bennett Funding Group, Inc., 2006 WL 436006 (2d Cir., 2/24/06). You may recall Th | 4/4/2006 |
| doc/28kB Denver's Judge Sidney Brooks Joins the BAPCPA Bashing Bandwagon as the Litigants Submit Poetic Dirges Lamenting BAPCPA's Incompr |
Add Bankruptcy Judge Sidney Brooks, Chief Judge for the Bankruptcy Court for the District of Colorado, to the growing list of prominent judges (such as those mentioned here (Judge Monroe), here (Judge Markell), here (Judge Isgur), here (Judge Mark), and h | 4/4/2006 |
| doc/24kB DEBTOR'S LANGUAGE BARRIER HELD EXIGENT CIRCUMSTANCE |
The debtor -- who couldn't understand English -- requested a waiver of the credit counseling requirement on the basis that none of the approved counseling agencies could speak to him in his native Creole | 3/20/2006 |
| doc/24kB INCREASE IN VALUE OF ABANDONED PROPERTY BELONGS TO THE DEBTOR |
Where a trustee allows property to be abandoned and closes a case without confirming the value of the property through appraisal, or obtaining an order excepting any unknown equity from abandonment, later-discovered equity is the property of the debtor. | 3/20/2006 |
| doc/25kB CREDIT COUNSELING AND FINANCIAL MANAGEMENT COURSE ARE DIFFERENT REQUIREMENTS |
Two recent cases from the Western District of Pennsylvania clarify the distinction between the pre-filing credit counseling requirement and the pre-discharge "financial management course." In In re Granada and In re Skarbek, the court ruled on identical i | 3/20/2006 |
| doc/26kB IMPORTANT UPDATE – RETROACTIVE RELIEF FROM THE AUTOMATIC STAY |
Retroactive relief from the automatic stay is an extraordinary measure and the circumstances that justify it are likely to be "far and few between." | 3/7/2006 |
Please click here to view older BAPCPA News. |
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