October 02, 2018
Status Report on the Supreme Court
Already primed to rule on nonjudicial foreclosure, the Supreme Court might take cases involving contempt, the automatic stay and trademarks.
Supreme CourtOctober 01, 2018
Disgorgement by Professionals Is Not Required in an Administrative Insolvency
Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 28, 2018
Security Interest Perfected on the Filing Date Remains Valid if It Lapses Later
The addition of Section 362(b)(3) is held not to affect the ‘freeze rule’ with regard to lapsing security interests.
4th Circuit, MarylandSeptember 27, 2018
Section 363(m) Won’t Protect a Buyer with Detailed Knowledge of an Adverse Claim
A bankruptcy judge’s finding regarding status as a good faith purchaser is not the final word on appeal.
2nd Circuit, New York, New York Southern DistrictSeptember 26, 2018
Class Settlements After Confirmation Require Rule 23 Class Certification
Judge Glenn in Manhattan straightens up some of the mess created when GM didn’t disclose ignition switch defects before confirmation.
2nd Circuit, New York, New York Southern DistrictSeptember 25, 2018
District Court Finds Constitutional Power to Grant Releases in Confirmation Orders
Delaware district judge rules that the bankruptcy court has final adjudicatory power to include third-party releases in confirmation orders.
3rd Circuit, DelawareSeptember 24, 2018
Makewhole Premium Disallowed When the Debt Had Been Accelerated
Judge Flatley avoids taking sides in the Second/Third Circuit split.
4th Circuit, West Virginia, West Virginia Northern DistrictSeptember 24, 2018
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
1st Circuit, MassachusettsSeptember 21, 2018
Chicago Judge Refuses to Confirm a ‘Step’ Chapter 13 Plan
Judge Barnes won’t allow a chapter 13 debtor’s counsel to be paid at the expense of secured creditors.
7th Circuit, Illinois, Illinois Northern DistrictSeptember 20, 2018
Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans
‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.
7th Circuit, Indiana, Indiana Southern District