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10 Dec 2016, 7:06 am
Court of Appeals for the Third Circuit (the “Court”) made clear its stance on the question of enforceability of make-whole provisions in bankruptcy. [1] Bucking the recent trend seen in cases such as In re MPM Silicones, LLC, No. 14-22503-RDD, 2014 WL 4436335 (Bankr. [read post]
28 Nov 2016, 1:15 pm by Gary Neustadter
Frost (In re Frost) (5th Cir. 2014)), as have bankruptcy courts applying a one-year protection for homestead proceeds under Massachusetts law (In re Williams, 515 B.R. 395 (Bankr. [read post]
2 Nov 2016, 10:18 pm by Jason
(In re Leonard), 454 B.R. 444, 457 (Bankr. [read post]
24 Sep 2016, 9:39 am by Richard Symmes
  Unfortunately for those of us in the 9th circuit (applicable to Washington state filers), there is a case called In Re Reswick, 446 B.R. 362, 371–72 (B.A.P. 9th Cir. 2011), which found that Congress intended that the automatic stay to terminate as to all property despite how the bankruptcy code was written. [read post]