April 21, 2018
Claims Under Section 544(b) Are Estate Property and Can Be Sold or Assigned, Judge Says
Courts are split on the status of inherited claims as estate property.
8th Circuit, MinnesotaApril 21, 2018
Discharge Cannot Be Revoked if Knowledge of Fraud Came Before Discharge
The deadline for objecting to discharge can be extended under Rule 4004(d) after the deadline has passed.
9th CircuitApril 20, 2018
Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says
Perplexing opinion may only apply to the status of assets before bankruptcy.
1st CircuitApril 20, 2018
Prefiling Expenses Can’t Be Reimbursed in a Chapter 13 Plan in Western Louisiana
Debtor’s counsel can’t recover prefiling expenses in a ‘no money down’ bankruptcy in the W.D. La.
5th Circuit, Louisiana, Louisiana Western DistrictApril 19, 2018
Chapter 15 Allows Discovery Not Available under Foreign Law, New York Judge Says
Bankruptcy Judge Shelley C. Chapman skirts an arbitration agreement to allow discovery.
2nd Circuit, New York, New York Southern DistrictApril 19, 2018
Interest at the State Rate Applies to Pre-Petition Judgments Found Nondischargeable
The rate of post-judgment interest on a nondischargeable debt depends on whether there was a judgment before or after filing, the Ninth Circuit BAP says.
9th CircuitApril 18, 2018
Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability
The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.
Supreme CourtApril 18, 2018
Nondischargeability Is No Bar to Feasibility in an Individual Chapter 11
Holders of nondischargeable claims can be forced to accept pro rata payments during the life of the plan and collect the remainder only after discharge or dismissal, the BAP rules.
6th CircuitApril 17, 2018
Granting or Denying a Homestead Exemption Remains a Final Order in the Ninth Circuit
Bullard did not undermine the automatic appealability of orders granting or denying homestead exemptions.
9th CircuitApril 16, 2018
Leased but Unused Personal Property Qualifies for an Administrative Claim
Circuits are split on requiring use of leased equipment before allowing an administrative claim.
5th Circuit, Louisiana, Louisiana Western District