Rochellel's Daily Wire

June 22, 2017

Mortgage Deficiency Judgments Are Avoidable Impairments, BAP Holds

Courts divided on rationale, Sixth Circuit BAP adopts First Circuit’s approach.

6th Circuit

June 21, 2017

EDNY Changes Policies about Defaults on Direct-Pay Mortgages in Chapter 13

Mortgage payments are considered ‘under the plan’ even if made by the chapter 13 debtors directly.

2nd Circuit, New York, New York Eastern District

June 21, 2017

Plan Modifications Are Timely if Motion Is Filed Before Last Chapter 13 Plan Payment

Date of filing, not date of hearing, is pivotal on timeliness of chapter 13 plan modifications.

6th Circuit, Michigan, Michigan Eastern District

June 20, 2017

Seventh Circuit Requires Stern Consent from Unserved Defendants in Non-Core Suits

Seventh Circuit complicates life for bankruptcy judges in deciding a case involving magistrates.

7th Circuit

June 20, 2017

Bankruptcy Management Solutions Defeats Antitrust Attack on Fee Structure

Creditor lacked standing to allege horizontal antitrust conspiracy on software providers’ fee structure.

June 19, 2017

Eighth Circuit Touches All the Bases on Preferences from Covering Bank Overdrafts

‘Ordinary course’ defense failed when overdrafts spiked during the preference period.

8th Circuit

June 19, 2017

To Establish Record Dates, the Plan Applies, Not Securities Regulations

Established practice governing distributions is upheld in Delaware district court.

3rd Circuit, Delaware

June 16, 2017

Discharge Revocation Deadline is NOT Jurisdictional, Ninth Circuit Holds

Ninth Circuit is hesitant to make bankruptcy time deadlines jurisdictional.

9th Circuit

June 15, 2017

Bankruptcy Settlement Provided No Protection from Criminal Forfeiture

Criminal forfeiture and bankruptcy protect different interests, district judge says.

8th Circuit, Minnesota

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District