April 06, 2021
Undisclosed Assets Revest in the Debtor After Dismissal but Not After Closing, BAP Says
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
9th CircuitApril 05, 2021
Filing a Timely Extension Motion Won’t Extend a Deadline Without an Order
Creditors’ lawyers shot themselves in the foot by having the bankruptcy judge moot a motion for an extension of the dischargeability deadline.
5th Circuit, Texas, Texas Western DistrictApril 02, 2021
Personal Injury Settlement Not Included in Calculating Projected Disposable Income
Judge McNamara of Denver allowed chapter 13 debtors to keep all of a $46,500 personal injury settlement received before filing.
10th Circuit, ColoradoApril 01, 2021
Costs of a Disciplinary Proceeding Held Nondischargeable Under Section 523(a)(7)
Another court strains to explain why costs incurred by disciplinary authorities were not in compensation for “actual pecuniary loss.”
7th Circuit, Wisconsin, Wisconsin Western DistrictMarch 31, 2021
Statutory Basis for Permanent Injunctions in Chapter 15 Explained by Judge Barnes
The statutory basis for permanent relief under today’s chapter 15 was found in former Section 304, which chapter 15 superseded.
7th Circuit, Illinois, Illinois Northern DistrictMarch 30, 2021
General Discharge Barred Suing the Debtor to Collect a Nondischargeable Debt
The Eleventh Circuit narrowed its Jet Florida rule that allowed suing a discharged debtor as nominal defendant.
11th CircuitMarch 29, 2021
Pennsylvania District Judge Holds that FLSA Suit Is Not Halted by Automatic Stay
Splitting with the Sixth Circuit, Pittsburgh district judge rules that a FLSA suit falls within the ‘police and regulatory’ exception to the automatic stay.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictMarch 26, 2021
Seventh Circuit Primed to Take on a Circuit Split on Automatic Stay Termination
District judge in Indiana holds that the automatic stay only ends as to the debtor’s property after a repeat filing, not also as to estate property.
7th Circuit, Indiana, Indiana Northern DistrictMarch 25, 2021
Certified Mail Can Be an Inferior Method for Serving a Summons and Complaint
Serving a summons and complaint by certified mail is ineffective without a return receipt.
4th Circuit, West Virginia, West Virginia Southern DistrictMarch 24, 2021
Corporate Debtors in Subchapter V May Discharge Nondischargeable Debts
Only individuals in subchapter V of chapter 11 are barred from discharging debts found to be nondischargeable under Section 523(a).
4th Circuit, Maryland