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ABI Journal

Rochellel's Daily Wire

October 25, 2024

Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13

Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.

8th Circuit, Missouri, Missouri Eastern District

October 24, 2024

On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding

When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.

1st Circuit, Puerto Rico

October 23, 2024

Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)

Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

October 22, 2024

Child Tax Credits: Are They Fully or Partially Exempt Under State Law?

Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.

10th Circuit, Colorado

October 21, 2024

Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold

Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.

4th Circuit, Maryland

October 18, 2024

Circuits Are Split on Assuming a Franchise Agreement when the Franchisor Objects

Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.

9th Circuit, California, California Eastern District

October 17, 2024

No More Injunctions Barring Suits Against Nondebtors in a Diocese Sexual Abuse Case

An opinion by Bankruptcy Judge Carl L. Bucki might be read, incorrectly, to mean that Purdue precludes preliminary injunctions stopping suits against nondebtors.

2nd Circuit, New York, New York Western District

October 16, 2024

Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims

Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.

4th Circuit, Virginia, Virginia Eastern District

October 15, 2024

Bankruptcy Court Can’t Have Exclusive Jurisdiction over Disputes from a Sale Order

A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.

7th Circuit, Indiana, Indiana Northern District

October 11, 2024

Giving Inferior Classes Nothing May Not by Itself Amount to ‘Fair and Equitable’

Conducting a valuation hearing on a cramdown plan isn’t always required.

2nd Circuit, New York, New York Southern District