March 18, 2022
Second Circuit Holds that Debtors Are Properly Barred from Receiving PPP Loans
The first court of appeals to reach the issue decides that the SBA properly interpreted the CARES Act to bar chapter 11 debtors from receiving PPP ‘loans.’
2nd CircuitMarch 17, 2022
No ‘Excusable Neglect’ for Late Claim if Class Claim Was Denied, Fifth Circuit Says
Fifth Circuit opinion shows that disallowance of a class proof of claim may preclude individual class members from filing late claims.
5th CircuitMarch 16, 2022
Discharging Student Loans Puts Bankruptcy Judges in Untenable Positions
Bankruptcy judges are required to predict the unknown and the unknowable when deciding how much debtors can repay in student loans.
10th Circuit, KansasMarch 15, 2022
To Be a Section 544(b)(1) Predicate Claim for a 10-Year Lookback, the Claim Must Be Filed
A claim of the IRS can provide a 10-year lookback for avoidance actions, but the claim must have been filed.
3rd Circuit, DelawareMarch 14, 2022
Another New York District Judge Is Hostile to Nondebtor, Third-Party Releases
At the risk of committing error, a district judge in New York reads a third-party release to cover only derivative claims, not direct claims that a creditor may have against a nondebtor.
2nd Circuit, New York, New York Southern DistrictMarch 11, 2022
California Judge Splits with his BAP; Subpoenas Require Court Approval Under Barton
Someone seeking to issue a subpoena to a trustee is the proper party to seek leave under the Barton doctrine, Judge Clarkson says.
9th Circuit, California, California Central DistrictMarch 10, 2022
Denial of Stay Modification Without Prejudice Can Be Final, Ninth Circuit Says
The Ninth Circuit answered a question left open by the Supreme Court in Ritzen.
9th CircuitMarch 09, 2022
Bankruptcy Is a Big Risk for Unmarried Couples Who Split Up
Family lawyers should be acutely aware that bankruptcy protections for former spouses don’t cover unmarried couples.
7th CircuitMarch 08, 2022
Debtors Get Mortgage Interest Deduction They Didn’t Pay in a Short Sale
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
9th CircuitMarch 07, 2022
Fraudulent Transfers to Revocable Trusts May or May Not Zap Homestead Exemptions
In Ohio, the debtor won’t lose the homestead exemption by transferring a home to a revocable trust.
6th Circuit, Ohio, Ohio Northern District