February 09, 2021
BAP Adheres to ‘Person Aggrieved’ Despite Dicta from the Sixth Circuit
The Supreme Court and the Sixth Circuit both questioned the continuing validity of doctrines of prudential standing, such as ‘person aggrieved.’
6th CircuitFebruary 08, 2021
Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.
5th CircuitFebruary 05, 2021
Judge Kendig Implies that Failure to Run a Lien Search is Tantamount to Malpractice
The debtors’ lawyer’s lack of diligence allowed the creditor to invoke laches and beat a belated motion to avoid a lien that impaired a homestead exemption.
6th Circuit, Ohio, Ohio Northern DistrictFebruary 04, 2021
‘Plain Language’ Puts Small-Dollar Avoidance Suits in the Debtor’s Home Court
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
2nd Circuit, New York, New York Eastern DistrictFebruary 03, 2021
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
7th Circuit, Illinois, Illinois Northern DistrictFebruary 02, 2021
‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
6th CircuitFebruary 01, 2021
Entire Garnishment Is a Preference, Even What the Creditor’s Lawyer Keeps
The appeals court sticks to basics and rejects several clever arguments to beat a preference.
6th CircuitJanuary 29, 2021
Contested Matters Aren’t ‘Civil Actions’ Under the Equal Access to Justice Act
A contested matter in bankruptcy court isn’t a ‘civil action’ allowing the debtor to recover attorneys’ fees from the U.S. Trustee under the Equal Access to Justice Act.
6th Circuit, Ohio, Ohio Northern DistrictJanuary 28, 2021
Defenses to Preferences Are Considered in Counting an Involuntary Debtor’s Creditors
A former bankruptcy judge, now a district judge, makes important law on involuntary petitions.
5th Circuit, Louisiana, Louisiana Western DistrictJanuary 27, 2021
The Reason for Missing the Deadline Is Most Important in Finding ‘Excusable Neglect’
The length of time before filing a motion to extend the appeal-filing deadline isn’t dipositive under Rule 8002(d)(1)(B).
6th Circuit