June 03, 2021
Avoiding a Lien Doesn’t Bar Collecting the Underlying, Nondischargeable Debt
First Circuit BAP explains what lien avoidance does and doesn’t do.
1st CircuitJune 02, 2021
Lack of Permanent Resident Status Doesn’t Always Defeat a Homestead Exemption
Having a family member in the home who made a formal request for legal residence will suffice to permit a Florida homestead exemption, Judge Jennemann said.
11th Circuit, Florida, Florida Middle DistrictJune 01, 2021
Debt from a Defunct Business Can Help to Qualify for Subchapter V
Part-time self-employment, coupled with debt from a defunct business, qualified the debtor for reorganization under Subchapter V of chapter 11.
4th Circuit, North Carolina, North Carolina Middle DistrictMay 28, 2021
Third Circuit Finds Broad Waiver of Sovereign Immunity for Suits Augmenting the Estate
Circuit Judge Ambro generously interprets Katz to mean that ratification of the Constitution waived state sovereign immunity broadly for suits to augment a bankrupt estate.
3rd CircuitMay 27, 2021
Circuits Are Now Split on the Constitutionality of the 2018 Increase in U.S. Trustee Fees
The Second Circuit split with the Fourth and Fifth Circuits by holding that the increase in fees for the U.S. Trustee system was unconstitutional because it was not imposed simultaneously in the two states with bankruptcy administrators.
2nd CircuitMay 26, 2021
Curing Defaults Isn’t Always Required Before Selling a Contract, Third Circuit Says
The ‘Countryman’ definition of an executory contract allows a debtor sell a contract without curing a default if the non-debtor counterparty has no further material, unperformed obligations.
3rd CircuitMay 25, 2021
Chapter 13 Debtor May (Sometimes) Contribute to Retirement Plans
A chapter 13 debtor was permitted to make a fraction of the pension contributions permitted by the IRS Code.
4th Circuit, South CarolinaMay 24, 2021
Judge Elizabeth Katz Gives Some Relief for a Debtor Ineligible to Discharge Student Loans
Massachusetts bankruptcy judge requires flexibility from both the government and the debtor who is saddled with huge student loans.
1st Circuit, MassachusettsMay 21, 2021
Joint Tax Refund Isn’t Estate Property in Florida if Only One Spouse Files Bankruptcy
When personal property can be owned by the entireties, a tax refund isn’t estate property even if the bankrupt spouse earned all income.
11th Circuit, Florida, Florida Middle DistrictMay 20, 2021
U.S. Suit Dismissed After German Defendant Files Insolvency in Germany
Filing a chapter 15 petition wasn’t required for a U.S. district court to dismiss a civil action against a German company undergoing insolvency in Germany.
2nd Circuit, New York, New York Southern District