July 28, 2017
Exempt Assets Aren’t Always Exempt in Chapter 13
Courts are split on including some exempt assets into the calculation of disposable income.
5th Circuit, Texas, Texas Western DistrictJuly 27, 2017
Chicago Judge Writes a Primer on Recharacterization and Equitable Subordination
Insiders were protected in making loans to a failing company.
7th Circuit, Illinois, Illinois Northern DistrictJuly 26, 2017
Massachusetts Judge Limits Chapter 13 Debtor’s Standing to Sue
Chapter 11 committees achieve standing more readily than chapter 13 debtors.
1st Circuit, MassachusettsJuly 25, 2017
‘Bar Order’ Precluding Creditors’ Independent Claims Disapproved in Chapter 7 Settlement
Massachusetts judge explores the circuit split on barring creditors’ direct claims against non-bankrupt third parties.
1st Circuit, MassachusettsJuly 24, 2017
IRA Sold After Filing Loses Its Exemption in Chapter 7, Not Just Chapter 13
Fifth Circuit rule effectively precludes selling exempt property until the case is closed, if not later.
5th CircuitJuly 21, 2017
Jurisdiction Continues After Confirmation to Complete a Pending Lawsuit
Third Circuit says ‘related to’ jurisdiction can’t be destroyed by subsequent events.
3rd CircuitJuly 20, 2017
Co-Conspirator’s Intent Is Enough for Nondischargeability, Fifth Circuit Holds
A ‘no harm, no foul’ stay violation is harmless error.
5th CircuitJuly 19, 2017
Goods Delivered Directly to a Debtor’s Customers Never Qualify for 503(b)(9)
Judge Shannon writes an important decision for the era of ecommerce.
3rd Circuit, DelawareJuly 18, 2017
Boston Judge Identifies a Potential Constitutional Infirmity in PROMESA
The automatic stay as applied might sometimes deny constitutional equal protection, judge says.
1st Circuit, Puerto RicoJuly 17, 2017
Ninth Circuit Joins Minority in Allowing Sales Free & Clear of Leases
Adequate protection is a ‘powerful check’ on selling real estate free of leases, circuit says.
9th Circuit