Posts by Kiem Law, PLLC

In In re Chorba, 2018 WL 1219555, the Court found no basis to bar the debtor’s claims under the doctrine of res judicata due to her confirmed plan. Moreover, under Midland Funding case, the creditors’ proofs of claim, based on their right to payment on the purchased debt, can stand, subject to the claims allowance…

In the MATTER OF: Curtis Harold DEBERRY, 2018 WL 1178353, the Fifth Circuit held that a debtor who owned homestead property on the date that his Chapter 7 petition was filed and claimed a homestead exemption therein to which no objection was filed, thereby removing homestead property from bankruptcy estate, could sell homestead property postpetition…

March 2018 Bankruptcy Courts Torn on Denying a Chapter 13 Discharge for Failure to Make Direct Payment. If you fail to make direct payments on a nondischargeable debt such as a mortgage, said failure is not grounds for denying your chapter 13 discharge, according to Bankruptcy Judge Thomas L. Perkins of Peoria, Ill. Judge Perkins…

Bankruptcy Case Number 15-21654 EPK , Bankruptcy Judge ERIK P. KIMBALL, sitting in the West Palm Beach Division of the United States Bankruptcy Court for the Southern District of Florida, in the bankruptcy case of FREDERICK J. KEITEL, III, order signed on 01/06/2017 – Some of the best nuggets are in footnotes, like Footnote 5,…

Bankruptcy Case Number 16-11831 EPK, Bankruptcy Judge ERIK P. KIMBALL, sitting in the West Palm Beach Division of the United States Bankruptcy Court for the Southern District of Florida, in the bankruptcy case of MICHELLE METZLER, order signed on 01/10/2017 – Chapter 7 Trustee Michael Bakst (panel trustee assigned to the West Palm Beach Division)…