Litigation

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Bankruptcy's Unique Characteristics Prompt Special Guidance From ABA Working Group
Posted on 5 Oct 2012 by LexisNexis Litigation Resource Community Staff

Earlier this year the ABA ESI in Bankruptcy Working Group issued interim guidelines on the "scope and timing" of a party's obligation to preserve ESI in bankruptcy cases. The group comprises both sitting and former judges, bankruptcy and... Read More

U.S. Supreme Court: Debtor Not Entitled To Vehicle Cost Deduction
Posted on 11 Jan 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court on Jan. 11 ruled that a debtor who does not make lease or loan payments on a vehicle is not entitled to the car ownership deduction in a Chapter 13 bankruptcy proceeding ( Jason M. Ransom... Read More

U.S. Supreme Court Denies Certiorari In Bankruptcy Escrow Case
Posted on 15 Nov 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Nov. 14 declined to hear a bankruptcy case in which a lender had contended that it did not violate the automatic stay in bankruptcy when it exercised its rights under the Real Estate Settlement... Read More

U.S. Supreme Court Cites To Collier On Bankruptcy® In Hamilton v. Lanning
Posted on 23 Jun 2010 by LexisNexis Litigation Resource Community Staff

WASHINGTON, D.C. -- The U.S. Supreme Court cites to Collier on Bankruptcy in Hamilton v. Lanning . In this Chapter 13 consumer bankruptcy case, Justice Alito cited Collier multiple times regarding the discretion courts have to account for changes in the... Read More

U.S. High Court Seeks Solicitor General's Comments On Bankruptcy Conflict
Posted on 20 Jun 2011 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 20 asked the U.S. solicitor general for comment on a bankruptcy case in which the Bankruptcy Code and the Real Estate Settlement Procedures Act (RESPA) are in conflict as it relates to a... Read More

U.S. High Court Hears Arguments On Vehicle Ownership Deduction Costs In Bankruptcy
Posted on 4 Oct 2010 by James Cordrey

WASHINGTON, D.C. -- A debtor who contends that the Bankruptcy Code provides for a deduction of vehicle ownership costs regardless of whether the debtor owns a vehicle and a creditor who objects to that deduction presented their arguments at the U.S. Supreme... Read More

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders
Posted on 15 Nov 2010 by James Lawniczak

In this Emerging Issues Analysis, James M. Lawniczak looks at a decision of first impression from the Sixth Circuit U.S. Court of Appeals, Carroll v. Sanders (In re Sanders), 551 F.3d 397 (2008), interpreting Bankruptcy Code Section 1328(f)(1), added... Read More

U.S. Supreme Court Refuses To Hear Law Firm's Appeal Regarding Debt Collection
Posted on 23 Jan 2012 by James Cordrey

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 23 declined to hear a case in which the Third Circuit U.S. Court of Appeals had determined that a law firm's communication with a Chapter 13 debtor pertaining to the foreclosure of her... Read More