April 04, 2018
Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility
Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.
7th Circuit, Wisconsin, Wisconsin Western DistrictApril 04, 2018
Supreme Court’s Second ‘Safe Harbor’ Case Is in Limbo
Two justices recommend that the Second Circuit reconsider the ‘Tribune’ safe harbor decision in light of Merit Management.
Supreme CourtApril 03, 2018
Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says
Judicial estoppel requires ‘an effort to game the bankruptcy system.’
2nd CircuitApril 03, 2018
Circuit Says Bankruptcy Lawyers Can’t Advise Clients to Pay by Credit Card
Milavetz invalid-purpose test isn’t applicable to incurring debt to pay a retainer.
11th CircuitApril 02, 2018
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
4th CircuitApril 02, 2018
Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
5th CircuitMarch 30, 2018
Automatic Stay Doesn’t Apply to Enforcement of Maritime Liens, Ninth Circuit Says
Filing bankruptcy won’t divest a district court of maritime jurisdiction, and a bankruptcy court can’t adjudicate maritime lien rights.
9th CircuitMarch 30, 2018
District Court Endorses Opt-Out to Confirm Substantive Consolidation Plans
Augie/Restivo problems are avoided by including opt-out provisions in a substantive consolidation chapter 11 plan.
2nd Circuit, New York, New York Southern DistrictMarch 29, 2018
State Law, Not Filing Date, Governs Distributions to Co-Owners, Fifth Circuit Says
The distributive share to co-owners is not fixed as of the filing date under Section 363(j).
5th CircuitMarch 28, 2018
Madoff Opinions Ease Pleading Requirements in Suits Against Subsequent Transferees
Bankruptcy Judge Vyskocil holds that alter ego need not be alleged to recover from a corporation’s sole shareholder as the beneficiary of a fraudulent transfer.
2nd Circuit, New York, New York Southern District