Category Archives: Case Law

There Are Consequences In Failing To Compromise In Bankruptcy

Jul08

Make no mistake about it.  If you have a disputed claim hanging over your head, sometimes bankruptcy can put you in the driver’s seat.  If you are not the debtor and a defendant in some action filed in bankruptcy, maybe you should think twice about not compromising or settling your case.  Litigation is unpredictable.  Just […]

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Filed under Bankruptcy Courts, Case Law, Debt Collection, Interest

What Amount Of Equity Is Protected In A Debtor’s Recently Purchased Homestead?

Jun30

This question was recently answered by the United States Bankruptcy Court for the Western District of Texas in a decision by Judge Frank Monroe entitled In re Fehmel , Case No. 07-60831 (Bankr. W.D. Tex 5/22/08).
Texas is a state that tries to protect all of the equity of a home of a person or family […]

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Filed under Bankruptcy Code, Case Law, Exemptions

Early Completion Of A Chapter 13 Bankruptcy Plan

Jun30

In what can only be described as an unusual move, the six judges of the Bankruptcy Court for the Northern District of Texas have jointly released an opinion on when a debtor can pay off a chapter 13 plan prior to its scheduled completion date under BAPCPA. In re Howard L. McCarthy, Jr., No. 06-40127-DML-13 […]

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Filed under Case Law, Chapter 13 Plans, Plan Payments