November 22, 2024
Proceedings on a Confession of Judgment Can’t Be Removed as ‘Related To’
At least in New York, proceedings on a confession of judgment are neither a ‘claim’ nor a ‘cause of action’ and can’t be removed under 28 U.S.C. § 1452(a).
2nd Circuit, New York, New York Southern DistrictNovember 21, 2024
Jackson Walker May Depose the U.S. Trustee in the Fee Dispute over Nondisclosure
The bankruptcy judge in Houston denied the U.S. Trustee’s motion to quash deposition subpoenas in the fight over disgorgement of fees for failure to disclose an allegedly close relationship between the judge and a firm lawyer.
5th Circuit, Texas, Texas Southern DistrictNovember 20, 2024
BAP Rejects Due Process Attack for Denial of ‘13’ Trustee Fees on Dismissal
Ninth Circuit BAP says there is no due process problem with denial of chapter 13 trustee fees if dismissal precedes confirmation.
9th CircuitNovember 19, 2024
Chicago District Judge Decides that Sub V Debtors Can Have Nondischargeable Debts
Reversing the bankruptcy court, the Chicago district judge follows the Fourth and Fifth Circuits and rejects a contrary holding by the Ninth Circuit BAP.
7th Circuit, Illinois, Illinois Northern DistrictNovember 18, 2024
Judge Thorne Describes the Quantum of Evidence Needed to Show a Plan Is Fair and Equitable
Although a ‘true-up’ cannot be imposed, a debtor could employ a ‘true-up’ to confirm an otherwise nonconfirmable plan.
7th Circuit, Illinois, Illinois Northern DistrictNovember 15, 2024
Sub V Trustee in Chapter 11 Can’t Be Enlisted to Pursue Avoidance Actions
District judge decides that an individual debtor has standing to appeal conversion from Subchapter V of chapter 11 to chapter 7.
2nd Circuit, New York, New York Southern DistrictNovember 14, 2024
Barring Use of an Online Payment Platform Was an Automatic Stay Violation
Bankruptcy Judge Michelle Harner decided that a mortgage servicer must allow a chapter 13 debtor’s continued use of an online payment platform.
4th Circuit, MarylandNovember 13, 2024
Notice of Intention to Assume Is Enough to Beat the Automatic Rejection Deadline
A bankruptcy judge in New Jersey holds that it’s enough to file a notice of intention to assume before the automatic lease rejection deadline
3rd Circuit, New JerseyNovember 12, 2024
Judicial Immunity Can Protect a Trustee when Barton Doesn’t Apply, Circuit Says
When a trustee mistakenly seizes a nondebtor’s property, the Barton doctrine by itself doesn’t protect the trustee, but judicial immunity does.
11th CircuitNovember 11, 2024
Standard Deviation Can’t Be the Only Test to Prove the ‘Ordinary Course’ Defense
District judge in Delaware says that expert testimony must establish whether standard deviation is a proper statistical test to prove the ‘ordinary course’ defense to a preference.
3rd Circuit, Delaware