November 08, 2021
Sometimes, a Judgment Lien from Foreclosure Can Be Avoided as Homestead Impairment
A deficiency judgment arising from foreclosure of another parcel of real estate can be avoided as an impairment of a debtor’s homestead exemption.
11th Circuit, Florida, Florida Middle DistrictNovember 05, 2021
State Probate Law Determines What Is or Isn’t Estate Property
Unlike other states, creditors can attach 25% of a judgment debtor’s interest in a spendthrift trust in California.
9th CircuitNovember 04, 2021
Denial of a Motion to Convert from ‘11’ to ‘7’ Is Not Final and Thus Not Appealable
Until now, there has been surprisingly little precedent directly on point to say that denial of a motion for conversion from chapter 11 to chapter 7 is not a final order subject to appeal
9th Circuit, California, California Eastern DistrictNovember 03, 2021
Eleventh Circuit Says Section 363(m) Even Moots Appeals Not Properly Authorized
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
11th CircuitNovember 02, 2021
To Count in Subchapter V, Loans Need Not Benefit Only the Small Business Debtor
If a loan benefits both a debtor and someone else, the loan still may be included in counting whether the debt “arose from the commercial or business activities of the debtor.”
4th Circuit, MarylandNovember 01, 2021
Debtors May Wind Up Operations in Chapter 12 and Farm Through LLCs
Judge Somers wrote two opinions on debtors’ eligibility to reorganize in chapter 12.
10th Circuit, KansasOctober 29, 2021
Priest Lacked Standing to Raise a Claim Objection to Clear His Name of Sexual Abuse
Standing has three components: statutory standing, constitutional standing and prudential standing, Judge Thuma explains.
10th Circuit, New MexicoOctober 28, 2021
Status Conferences to Continue Prepetition State Court Suits Don’t Violate the Stay
The Ninth Circuit B.A.P. says that the automatic stay does not require dismissal of prepetition lawsuits against debtors.
9th CircuitOctober 27, 2021
Three-Year Bar to Refiling in Chapter 13 Imposed for ‘Vexatious, Frivolous’ Litigation
Motions to recuse three bankruptcy judges fortified the third judge’s decision to dismiss and bar refiling for three years.
5th Circuit, Texas, Texas Northern DistrictOctober 26, 2021
Bar Date Notice by Email Is Insufficient, Delaware’s Judge Goldblatt Says
Notice by email may satisfy due process but doesn’t comply with notice by ‘mail’ under Bankruptcy Rule 2002.
3rd Circuit, Delaware