June 05, 2024
Concurrent Representation of a Major Creditor/Shareholder Is/Isn’t Disqualifying
Concurrent representation of a 43% shareholder was disqualifying while representing a creditor with 79% of the debt did not disqualify.
3rd Circuit, New JerseyJune 04, 2024
What Are ‘7’ Trustees Paid When the Case Converts to ‘13’ Before Distributions?
Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.
10th Circuit, New MexicoJune 03, 2024
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
9th CircuitMay 31, 2024
Amending a Claim After Confirmation Requires ‘Compelling Circumstances’
The Fifth Circuit joins two other circuits in requiring ‘more’ to amend a proof of claim after confirmation of a chapter 11 plan.
5th CircuitMay 30, 2024
Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
3rd CircuitMay 29, 2024
Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
11th CircuitMay 28, 2024
An Agreement to Modify a Mortgage Was an Assumable Executory Contract
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
4th Circuit, West Virginia, West Virginia Southern DistrictMay 23, 2024
Belated Seventh Circuit Opinion May Set Up ‘Cert’: Is Section 505(a) Jurisdictional?
Seventh Circuit again holds that Section 505(a) doesn’t confer jurisdiction for bankruptcy courts to decide how much debtors owe in taxes.
7th CircuitMay 22, 2024
District Judge Explains What a Notice of Appeal Does and Doesn’t Do
A notice of appeal precludes the court from modifying an order on appeal but does not impair enforcement of the order absent a stay pending appeal.
9th Circuit, IdahoMay 21, 2024
Receivership Didn’t Prevent an LLC’s Manager from Filing Bankruptcy for the LLC
Judge Randal Mashburn described what a state court must do in appointing a receiver that would prevent an LLC’s manager from filing a bankruptcy petition.
6th Circuit, Tennessee, Tennessee Middle District