Month: January 2013

In a recent case in the Western District of Michigan, a Bankruptcy judge ruled that the US Government had the right to set off a

The test for judicial estoppel in Sixth Circuit was set forth in Stephenson v. Malloy, 700 F.3d 265 (6th Cir., Oct. 30, 2012). The Stephenson court

In a recent decision, the Court held that Form 4549 filed by debtor was not income tax “return” for purpose of Code § 523(a)(1). A

In McDowell, the Court required debtors’ attorney to turn over debtors’ original Schedule F, but not other documents. Ruling on the U.S. Trustee’s motion to

In a highly contentious issue, the Texas based Zamora Court Post-Petition condominium assessments are postpetition debts – and therefore non-disharageable. Homeowners association fees assessed after

Yes. In a recent Texas decision, the Creggett court disallowed the mortgage creditor’s claimed payment change from $1,246 monthly to $2,608 monthly, based on an asserted change

In Texas, a Bankruptcy Court held that a creditor’s right to equitable relief to enforce a covenant not to compete against the debtor was a