February 03, 2022
Trustee’s Counsel Is Paid Only for Services Requiring Legal Expertise
A successful outcome does not entitle an attorney to be paid for performing administrative services delegated to the trustee.
5th CircuitFebruary 02, 2022
Debtor Can’t Avoid and Preserve a Lien for Tax Penalties for the Debtor’s Benefit
A trustee can avoid and preserve a tax lien for the benefit of unsecured creditors, but a debtor can’t if the debtor hasn’t paid the taxes, the Ninth Circuit says.
9th CircuitFebruary 01, 2022
Section 727(a)(3) Isn’t a Catchall Denying Discharge for All Manner of Fraud
Someone who commits fraud can’t be denied a discharge for that reason alone if the debtor kept accurate books and records of the fraud.
6th Circuit, Tennessee, Tennessee Western DistrictJanuary 31, 2022
Dependence on Parental Financial Assistance Meant Student Loans Were Dischargeable
The opinion by Judge Silverstein contains numerous sound bites for judges and debtors aiming to discharge student loans owed by individuals living in desperate circumstances.
3rd Circuit, DelawareJanuary 28, 2022
‘13’ Trustees Are Paid Even if Dismissal Comes Before Confirmation, District Judge Says
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
2nd Circuit, New York, New York Eastern DistrictJanuary 27, 2022
Are Inheritances Estate Property in Chapter 13? You Decide
Plan amendments in chapter 13 must come before the debtors make their final payments to the trustee.
5th Circuit, Texas, Texas Northern DistrictJanuary 26, 2022
Second J&J Talc Committee (Temporarily?) Disbanded
Decisions by the U.S. Trustee are subject to judicial review, Judge Kaplan says.
3rd Circuit, New JerseyJanuary 25, 2022
Tenth Circuit: Debtors Retain Appreciation in a Home Sold Before Conversion to ‘7’
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
10th CircuitJanuary 24, 2022
Second Circuit Expands Standing to Ensure Integrity of the Bankruptcy Court
The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.
2nd CircuitJanuary 21, 2022
On Title Loans, a Judge Decides Between Conflicting Eleventh Circuit Opinions
Can a state law properly decree when a debtor’s property drops out of the estate?
11th Circuit