May 10, 2023
Denial of Withdrawal of the Reference Isn’t a Final, Appealable Order, Circuit Says
An appeal from an interlocutory order can’t be made final by the district court’s entry of judgment on the first appeal.
10th CircuitMay 09, 2023
Aggressive Bankruptcy Planning Results in Loss of Discharge
An election for having a tax refund applied to the following year’s taxes can result in the loss of discharge.
6th Circuit, Michigan, Michigan Eastern DistrictMay 08, 2023
Disagreement on Bankruptcy Court’s Jurisdiction to Give ‘Innocent Spouse’ Relief
Bankruptcy Judges Marvin Isgur and Gregory Taddonio disagree on whether the bankruptcy court has subject matter jurisdiction to grant ‘innocent spouse’ relief to a debtor.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictMay 05, 2023
‘Preponderance’ Replaced ‘Clear and Convincing’ on Adoption of the Bankruptcy Code
The Seventh Circuit explained how preponderance of the evidence became the standard of proof for turnovers and dischargeability when the Bankruptcy Code replaced the Bankruptcy Act.
7th CircuitMay 03, 2023
Ultimate Success of the J&J Subsidiary’s Second ‘Talc’ Bankruptcy Is Up in the Air
The bankruptcy judge only gave nondebtor J&J companies a more limited stay in the second LTL chapter 11 case.
3rd Circuit, New JerseyMay 03, 2023
Bankruptcy Doesn’t Automatically Accelerate a Mortgage, State Supreme Court Says
A discharge in bankruptcy by itself does not start the statute of limitations running on a defaulted mortgage, Colorado Supreme Court holds.
10th Circuit, ColoradoMay 02, 2023
A Writ of Possession Doesn’t Terminate a Lease or Preclude Assumption
A landlord who terminates a lease isn’t entitled to a claim for future rent, at least in Florida, according to a district judge who affirmed Bankruptcy Judge Isicoff.
11th Circuit, Florida, Florida Southern DistrictMay 01, 2023
Claim Isn’t Disallowed if the ‘Statute’ Lapses After the Claim Is Filed
Judge Goldblatt of Delaware wrote an opinion where the answer was self-evident but there was no authority on point.
3rd Circuit, DelawareApril 28, 2023
Supreme Court Argument: Can Real Estate Tax Foreclosure Violate the Takings Clause?
Eighteenth century ‘history and tradition’ might govern the constitutionality of real estate tax foreclosures where the government retains sale proceeds in excess of unpaid taxes.
Supreme CourtApril 27, 2023
Failing to File a Claim Has Dire Consequences for a Secured Creditor
A secured lender who doesn’t file a claim doesn’t get paid by the chapter 13 plan and keeps its lien, but can’t reclaim the collateral during the life of the plan.
7th Circuit, Indiana, Indiana Northern District