February 07, 2018
A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury
A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.
6th Circuit, Michigan, Michigan Eastern DistrictFebruary 06, 2018
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).
4th Circuit, West Virginia, West Virginia Northern DistrictFebruary 05, 2018
Repaying an Avoided Transfer Doesn’t Always Result in an Allowed Claim
Repaying a fraudulent transfer won’t elevate a disallowed claim to allowed status.
9th Circuit, HawaiiFebruary 05, 2018
Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years
Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.
10th Circuit, ColoradoFebruary 02, 2018
No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says
Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.
1st Circuit, Puerto RicoFebruary 02, 2018
Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says
Overlay divorce and bankruptcy, and you’ve got a big mess.
7th CircuitFebruary 01, 2018
Another Example: Student Loans Are Virtually Impossible to Discharge
District court second-guesses the sufficiency of evidence that the bankruptcy court found sufficient.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictFebruary 01, 2018
Sovereign Immunity Fully Insulates a Tribe from Lawsuits
Sovereign immunity protects a tribe even after successful veil piercing.
6th Circuit, Michigan, Michigan Eastern DistrictJanuary 31, 2018
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
8th CircuitJanuary 31, 2018
Alabama Judge Rejects Second Circuit’s Bankruptcy Act Opinion in Straus-Duparquet
There is no implied assumption of an executory employment contract under the Bankruptcy Code.
11th Circuit, Alabama, Alabama Northern District