January 30, 2018
Fifth Circuit Holds that Chapter 7 Trustees Presumptively Get Statutory Commissions
In the Fifth Circuit, chapter 7 trustees lock in higher compensation.
5th CircuitJanuary 30, 2018
Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation
Second Circuit approves a stay-violation defense in a nonprecedential opinion.
2nd CircuitJanuary 29, 2018
On the Means Test, a Single Debtor Can Take Deductions for Two Cars
New York judge rules that the IRS Handbook is not controlling on auto expenses for the means test.
January 29, 2018
Subsequent Transferees Can Be Sued Before Judgment Against the Initial Transferee
Circuits are split on requiring a judgment before suing a subsequent transferee.
January 26, 2018
Portions of Rule 4004 Violate the Rules Enabling Act, Bankruptcy Judge Klein Says
Objection is not required to bar a discharge to an individual who received a chapter 7 discharge within eight years.
9th Circuit, California, California Eastern DistrictJanuary 25, 2018
The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit
The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.
5th Circuit, Mississippi, Mississippi Southern DistrictJanuary 24, 2018
The GM Creditors’ Trust Opens a Can of Worms by Nixing a Settlement
Bankruptcy judge finds bad faith for walking out on a fully documented but unsigned settlement.
2nd Circuit, New York, New York Southern DistrictJanuary 23, 2018
Judge Refuses to Vacate Opinion Socking a Bank with $40 Million in ‘Punies’
California judge won’t bar the debtor from settling for more than the original $6 million in compensatory damages while forsaking $40 million in punitive damages earmarked for public interest groups.
9th Circuit, California, California Eastern DistrictJanuary 22, 2018
A Turnover Action Will Suffice if a Transfer Was a ‘Sham,’ Seventh Circuit Says
Fraudulent transfer suit isn’t always required to recover fraudulently transferred property.
7th CircuitJanuary 22, 2018
BAP Upholds $119,000 in Contempt Sanctions; Tells Lender to Modify Its Forms
Lender cannot hide behind a disclaimer to avoid sanctions for violating the discharge injunction, Ninth Circuit BAP holds.
9th Circuit