October 25, 2017
Section 1326(a)(2) Overrides a Levy Under State Law
On dismissal before chapter 13 confirmation, the debtor gets undistributed funds, not a creditor with a valid state court levy.
4th Circuit, VirginiaOctober 24, 2017
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
11th CircuitOctober 23, 2017
Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy
Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.
2nd CircuitOctober 20, 2017
First Circuit Narrowly Defines Fiduciaries Who Are Prohibited Buyers of Estate Assets
First Circuit narrowly applies equitable mootness in a receivership sale.
1st CircuitOctober 19, 2017
Using a U.S. Bank Precludes a Foreigner from Winning Dismissal Based on Comity
Stay violation and turnover suits held proper extraterritorial application of U.S. law.
2nd Circuit, New York, New York Southern DistrictOctober 18, 2017
Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination
Dissenter contends that the majority misread the circuit’s own precedent.
9th CircuitOctober 17, 2017
A Future Advance Clause Saved a Loan from Being Unperfected
Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.
5th Circuit, Texas, Texas Western DistrictOctober 16, 2017
ASARCO Read to Bar Fee-Defense Costs Even with a Fee-Shifting Agreement
Court shows antipathy to all theories seeking allowance of fees incurred in collecting fees.
5th Circuit, Texas, Texas Western DistrictOctober 16, 2017
Fraudulent Transfer Defendant Can’t Waive a Trustee’s Right to a Jury Trial
Filing a proof of claim would have precluded a jury trial in a fraudulent transfer suit.
11th Circuit, Florida, Florida Southern DistrictOctober 13, 2017
Disposable Income Does Not Include Voluntary Retirement Plan Contributions
A chapter 13 plan is in good faith even if retirement plan contributions are 10 times more than payments to creditors.
11th Circuit, Florida, Florida Southern District