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Supreme Court: Trustee Retains Right Without Objecting To Debtor's Exemptions

WASHINGTON, D.C. - (Mealey's) A divided U.S. Supreme Court, ruling 6-3, said June 17 that a creditor in a personal bankruptcy proceeding was not required to object to a debtor's exemptions to preserve the bankruptcy estate's right to retain any value in equipment used in the operation of...

U.S. High Court Hears Arguments On Vehicle Ownership Deduction Costs In Bankruptcy

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 Court on Oct. 4, with both insisting that the...

Bankruptcy Judge Approves Leslie Controls' Plan Of Reorganization

WILMINGTON, Del. - (Mealey's) The Delaware bankruptcy judge overseeing Leslie Control Inc.'s Chapter 11 case confirmed Leslie's plan of reorganization on Oct. 28 ( In Re: Leslie Controls Inc. , No. 10-12199-CSS, Del. Bkcy.). U.S. Bankruptcy Judge Christopher S. Sontchi of the District...

Lawniczak On 6th Circuit's Interpretation Of Bankruptcy Code §1328(f)(1) In Carroll v. Sanders

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 in 2005. Relying solely on the text of the statute...

Bankruptcy Judge Recommends Approval Of W.R. Grace's Reorganization Plan

WILMINGTON, Del. - (Mealey's) A federal bankruptcy judge in Delaware on Jan. 31 resolved the last objections to W.R. Grace & Co.'s Chapter 11 joint plan of reorganization and recommended that the district court approve the plan ( In re: W.R. Grace & Co., et al. , No. 01-1139, D. Del....

U.S. High Court Seeks Solicitor General's Comments On Bankruptcy Conflict

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 lender's right to require debtors to deposit...

U.S. Supreme Court: U.S. Solicitor General May Take Part In RadLAX Arguments

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on April 2 granted the U.S. solicitor general leave to participate in oral arguments in a case in which a creditor bank argues that the Bankruptcy Code precludes confirmation of a hotel chain's Chapter 11 plan that proposes to sell collateral...