April 21, 2021
Denver Judge Opens the SBRA Door Wide for People with Debt from Failed Companies
A fast-food worker can (conceivably) qualify as a small business debtor under Subchapter V, according to Bankruptcy Judge Thomas B. McNamara.
10th Circuit, ColoradoApril 20, 2021
Discharge May Be Enforced in Another District, Brooklyn Judge Says
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
2nd Circuit, New York, New York Eastern DistrictApril 19, 2021
A District Court Rules that the U.S. Trustee Fee Increase Isn’t Retroactive
California district judge sides with the dissenter in the Fifth Circuit in saying that the parallel systems of U.S. Trustees and Bankruptcy Administrators violates the Bankruptcy Clause of the Constitution.
9th Circuit, California, California Central DistrictApril 16, 2021
No Disqualification When Lawyers at Adversary Firms Were Dating
Delaware bankruptcy judge trusts that dating lawyers at adversary firms didn’t disclose client confidences.
3rd Circuit, DelawareApril 15, 2021
Holding Impounded Cars Still Might Violate the Automatic Stay, Seventh Circuit Says
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
7th CircuitApril 14, 2021
Fourth Circuit Seems to Give the Government a Pass for Violating the Stay
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
4th CircuitApril 13, 2021
Alabama Judges Narrow Northington to Aid Owners of Pawned Automobiles
Whether there had been a default before the chapter 13 filing was pivotal to the debtor’s right to retain a pawned car.
11th Circuit, Alabama, Alabama Middle DistrictApril 12, 2021
Ninth Circuit BAP and a Brooklyn District Judge Agree on Removal to the Bankruptcy Court
Bankruptcy removal statute doesn’t permit moving a suit in district court to the bankruptcy court in another district.
9th CircuitApril 09, 2021
Judge Isgur Knocks Down a Special Counsel’s Fees for ‘Unprofessional’ Conduct
Incivility may be acceptable in matrimonial matters, but not when the lawyer represents a debtor.
5th Circuit, Texas, Texas Southern DistrictApril 08, 2021
Deeply Subordinated Creditor Barred from Voting or Objecting to Plan Confirmation
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
10th Circuit, Kansas