June 17, 2024
No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees, Supreme Court Rules
Saying that the constitutional infirmity was “small” and “short-lived,” the majority decided that prospective relief was enough because Congress subsequently enacted a law mandating uniformity in the future with regard to fees for U.S. Trustees and Bankruptcy Administrators
Supreme CourtJune 14, 2024
Supreme Says: No Refunds for Overpayment of Unconstitutional U.S. Trustee Fees
Although there was no split of circuits, the Supreme Court decided that Congress provided a sufficient remedy by requiring uniform fees going forward.
Supreme CourtJune 14, 2024
Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
10th Circuit, ColoradoJune 13, 2024
Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21
One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.
Federal CircuitJune 12, 2024
A Chapter 7 Case Raises Issues in Truck Insurance on Standing in Bankruptcy Cases
Judge Mastando in New York decided that a chapter 7 trustee has authority to put the debtor’s subsidiary voluntarily into bankruptcy.
2nd Circuit, New York, New York Southern DistrictJune 11, 2024
The Estate Owns Claims for Continuing Course of Conduct Before and After Filing
Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?
9th CircuitJune 10, 2024
RSAs Don’t Bar Indenture Trustees from Creditors’ Committee Membership
Bankruptcy Judge Brian Kenney ruled that an indenture trustee must be on a committee when the debt is ‘overwhelmingly’ held by bondholders.
4th Circuit, Virginia, Virginia Eastern DistrictJune 07, 2024
Three Years Is the ‘Default’ Duration for a Subchapter V Plan, Judge Robinson Says
The Code doesn’t contain any rules specifying when a Subchapter V plan should have a five-year duration rather than three years.
5th Circuit, Texas, Texas Western DistrictJune 07, 2024
Supreme Court Says that Insurance Neutrality Doesn’t Deprive an Insurer of Standing
Reversing the Fourth Circuit, the Supreme Court gives a flexible interpretation to traditional notions of constitutional standing in bankruptcy cases and appeals.
Supreme CourtJune 06, 2024
Sub V Trustee Lacks Standing to Pursue an Adversary Proceeding for the Debtor
Bankruptcy Judge Eduardo Rodriguez of Houston opined on the limited powers of a Subchapter V trustee.
5th Circuit, Texas, Texas Southern District