October 25, 2021
Barton Didn’t Stop Creditors from Garnishing a Chapter 13 Trustee After Dismissal
The debtor’s bad faith chapter 13 filings convinced Judge Hall to allow garnishment of funds held by the trustee after dismissal.
10th Circuit, Oklahoma, Oklahoma Western DistrictOctober 22, 2021
Fourth Circuit Would Discharge CERCLA Claims if Pollution Occurred Before Filing
Maryland district judge predicts that the Fourth Circuit would adopt a debtor-friendly rule more broadly discharging environmental claims when the acts occurred before chapter 11.
4th CircuitOctober 21, 2021
Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, Circuit Says
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
9th CircuitOctober 20, 2021
Capped Landlord Claim Can Also Be Nondischargeable, Eighth Circuit Says
Retired Judge Kressel wrote the opinion in 2000 relied on by the Eighth Circuit.
8th CircuitOctober 19, 2021
Bad Faith Permits Dismissal of a Chapter 13 Case with Conditions, Judge Waites Says
Debtor accepted a bar to refiling to avoid dismissal with prejudice of her chapter 13 case.
4th Circuit, South CarolinaOctober 18, 2021
Lender Was Lucky to Recover Anything on an Unauthorized $5.2 Million Loan
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
11th Circuit, Georgia, Georgia Northern DistrictOctober 15, 2021
Supreme Court Update: Equitable Mootness Not Ready for Prime Time
An arbitration case to be argued in November may inform bankruptcy courts whether they must enforce arbitration agreements.
Supreme CourtOctober 14, 2021
Refusing to Release an Attachment After Filing Is No Stay Violation Following Fulton
Pennsylvania’s Judge Conway hints that failure to stop proceedings after bankruptcy can be an automatic stay violation, even after Fulton.
3rd Circuit, Pennsylvania, Pennsylvania Middle DistrictOctober 13, 2021
Bifurcated Fee Arrangements Barred in Western District of Kentucky
Curiously, bifurcated fee arrangements are sometimes permitted in the Eastern District of Kentucky.
6th Circuit, Kentucky, Kentucky Western DistrictOctober 12, 2021
A Seemingly Final Order in a Larger Contested Matter Isn’t Final, Ninth Circuit BAP Says
Bankruptcy Judge Christopher Klein explains appellate jurisdiction, finality, cumulative finality and mislabeled motions for reconsideration.
9th Circuit