December 01, 2022
The Bankruptcy Code Doesn’t Invalidate Transfer Restrictions in an Operating Agreement
The transfer restrictions in an LLC’s operating agreement are enforceable in a bankruptcy sale, the Tenth Circuit BAP says.
10th CircuitNovember 30, 2022
Security Interests Are Assignments of Accounts Receivable, New York High Court Says
Once an account debtor is notified to pay the lender, not paying an account receivable to the lender can mean that the account debtor pays twice.
2nd Circuit, New YorkNovember 29, 2022
Dissolution of a ‘Modern Family,’ the Homestead Exemption and Spousal Abuse
An unmarried domestic partner faces obstacles in claiming a homestead exemption, a BAP opinion shows.
9th CircuitNovember 28, 2022
A Two-Year Delay in Filing a Retention Application Resulted in Denial of Fees
Pittsburgh Bankruptcy Judge Gregory Taddonio says that lawyers must search in PACER before signing up a new client.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictNovember 23, 2022
Ninth Circuit Splits on Avoiding and Preserving a Lien on Exempt Property
The Ninth Circuit dissenter interpreted the statute to mean that the debtor must pay a tax lien twice if the lien was avoided and preserved.
9th CircuitNovember 22, 2022
Chapter 7 Estate Takes Post-Petition Appreciation on Conversion from Chapter 13
Joining the ‘slight minority,’ Judge Fenimore rules that post-petition appreciation in the value of a homestead goes to the chapter 7 estate when the chapter 13 case converts.
8th Circuit, Missouri, Missouri Western DistrictNovember 21, 2022
Placing Title Jointly with a Spouse May Be Avoidable if the Spouse Gave No Consideration
In South Carolina, taking title to property jointly with a spouse can be an avoidable gift under the Statute of Elizabeth.
4th Circuit, South CarolinaNovember 18, 2022
Avoiding a Judgment Lien that Impairs an Exemption Is Theoretical, Ninth Circuit Says
When avoiding a judgment lien under Section 522(f), state law cannot dictate that the amount of the exemption is the amount in effect when the lien was created.
9th CircuitNovember 17, 2022
Second Circuit Again Uses ‘Hypothetical Jurisdiction’ to Dodge a Tough Question
Legal malpractice claims can be either tort or contract claims, the Second Circuit explains.
2nd CircuitNovember 16, 2022
Judge Gargotta Splits with the Fourth Circuit on Nondischargeability in Subchapter V
The Fourth Circuit had recently held that both individuals and corporations in subchapter V of chapter 11 are barred from discharging debts that are nondischargeable under Section 523(a).
5th Circuit, Texas, Texas Western District