June 22, 2023
No Bankruptcy Jurisdiction for a Settlement that Contradicts a Chapter 11 Plan
Fifth Circuit finds no bankruptcy jurisdiction to approve a settlement after confirmation that contradicts the chapter 11 plan.
5th CircuitJune 21, 2023
‘13’ Debtors May Deduct their Actual Mortgage Expenses to Arrive at Disposable Income
The Fourth Circuit agreed with the Sixth and Ninth Circuits by allowing chapter 13 debtors to deduct their actual mortgage expenses, not limited by the local standard mortgage deduction.
4th CircuitJune 20, 2023
Trustee Admonished for Filing Suit Reflecting a ‘Disturbing Lack of Judgment’
Providing an adult child with room and board in the family home is not a fraudulent transfer.
2nd Circuit, New York, New York Eastern DistrictJune 19, 2023
An Alter Ego Suit Doesn’t Violate the Discharge Injunction, BAP Says
At least where nondebtor releases are prohibited, and if Delaware law controls, a suit against an alter ego doesn’t violate the discharge injunction, the Ninth Circuit BAP says.
9th CircuitJune 16, 2023
Supreme Court: The Bankruptcy Code Waived Tribes’ Sovereign Immunity
The Supreme Court resolved a split of circuits in an opinion that could give support to the notion that arbitration agreements are not enforceable in bankruptcy.
Supreme CourtJune 15, 2023
Two Circuits Now Hold: ‘13’ Trustees Aren’t Paid if Cases Dismiss Before Confirmation
The Ninth and Tenth Circuit disallow fees to chapter 13 trustee if the case is dismissed before confirmation. The identical issue is sub judice in the Second Circuit.
9th CircuitJune 14, 2023
Debtor’s Counsel Later Can Become Adverse to the Plan’s Liquidating Trust
Bankruptcy Judge Shannon says that the liquidating trust was not debtor’s counsel’s former client.
3rd Circuit, DelawareJune 13, 2023
J&J, Redux: Bankruptcy Court Dismissed 3M Subsidiary’s Chapter 11 Case
Indianapolis Bankruptcy Judge Jeffrey Graham says that the bankruptcy court cannot become “another court of general jurisdiction.”
7th Circuit, Indiana, Indiana Southern DistrictJune 12, 2023
Accumulated, Identifiable Wages Were Held Exempt, Regardless of the Total Amount
Colorado allows the ‘stacking’ of exemptions, given the mandate to interpret exemptions liberally in favor of debtors.
10th Circuit, ColoradoJune 09, 2023
State Exemption for Life Insurance Policies Continues to Be Under Attack in Texas
Defeated three times, a chapter 7 trustee is appealing to the Fifth Circuit to end the exemption for whole-life policies in Texas.
5th Circuit, Texas, Texas Western District