November 08, 2024
Seventh Circuit Dismisses Based on ‘Person Aggrieved’ Without Citing Truck Insurance
A per curiam decision from the Seventh Circuit raises the question of whether Truck Insurance overruled ‘person aggrieved’ sub silentio.
7th CircuitNovember 07, 2024
A Plan Appeal Wasn’t Equitably Moot, Even Though Reversal Might Rejigger New Equity
A district court in Houston denied a motion to dismiss a confirmation appeal as equitably moot, although reversal might alter ownership of the reorganized debtor.
5th Circuit, Texas, Texas Southern DistrictNovember 06, 2024
Sufficiency of Preference and Fraudulent Transfer Complaints Described by Judge Goldblatt
To defeat motions to dismiss, preference and fraudulent transfer complaints need not contain all the information to be learned in discovery, Bankruptcy Judge Craig Goldblatt says.
3rd Circuit, DelawareNovember 05, 2024
Fully Secured, Nonrecourse Creditors Can Be Involuntary Petitioners, BAP Says
An involuntary petitioner whose claim was paid after filing is still counted as an involuntary petitioner, the Ninth Circuit BAP says.
9th CircuitNovember 04, 2024
Releasing a Lien Under Section 1325(a)(5)(B) Is Different When There Are Co-Debtors
Despite Section 1325(a)(5)(B), an auto lender was entitled to retain a lien when there were co-debtors.
7th Circuit, Illinois, Illinois Southern DistrictNovember 01, 2024
Substantive Consolidation May Proceed by Motion, District Judge Says
A district court in Florida upheld Bankruptcy Judge Peter Russin in holding that substantive consolidation does not require an adversary proceeding, a summons or a complaint.
11th Circuit, Florida, Florida Southern DistrictOctober 31, 2024
A Chapter 13 Plan Amended Today Cannot Have an 84-Month Duration
The expiration of Section 1329(d) in March 2022 means that 84-month chapter 13 plans amended now must revert to 60-month plans.
9th Circuit, OregonOctober 30, 2024
A Retirement Plan that’s Not ‘Tax-Qualified’ Is Still Excluded from Estate Property
Declining to create a circuit split, Third Circuit Judge Thomas Ambro held that a retirement plan structured according to ERISA is excluded from estate property even if transactions by the trust violated ERISA or IRS Code regulations.
3rd CircuitOctober 29, 2024
Aggressive Bankruptcy Planning Didn’t Result in the Loss of Discharge
Sixth Circuit held that preferring one creditor with a nondischargeable claim before bankruptcy isn’t intent to hinder, delay or defraud.
6th CircuitOctober 28, 2024
Judge Goldblatt Engrafts the Standing Rules from Truck Insurance onto Chapter 7
At least with regard to standing for objections to claims, Delaware’s Judge Craig Goldblatt believes that the Truck Insurance standard for chapter 11 also applies in chapter 7.
3rd Circuit, Delaware