April 22, 2024
Lawyer Hit with $47,000 in Sanctions for Filing Fictitious Schedules
A lawyer was found to have committed fraud on the court for filing schedules claiming ownership of property that another court had found not to be the debtor’s property.
2nd Circuit, New York, New York Southern DistrictApril 20, 2024
Fifth and Fourth Circuits Hold that Debts in Sub V Can Be Nondischargeable
Differing with eight lower courts, the Fifth Circuit sided with the Fourth Circuit by holding that debts of corporate debtors in Subchapter V can be nondischargeable in nonconsensual plans.
5th CircuitApril 19, 2024
Supreme Court Ruled Again on Arbitration, but Not (Yet) in Bankruptcy Cases
The Supreme Court again retreated from the idea that there’s a strong federal policy in favor of arbitration.
Supreme CourtApril 18, 2024
The Eleventh Circuit Rails Against ‘Prudential Standing’
Three Eleventh Circuit Judges would have their appeals court sit en banc to stop dismissing for lack of standing when dismissal should be resulting from failure to state a claim under state law.
11th CircuitApril 17, 2024
An ATV Is an Exempt ‘Motor Vehicle’ in Ohio, Judge Whipple Says
Judge Mary Ann Whipple declined to engraft a ‘use’ restriction onto the broad meaning of ‘motor vehicle’ in Ohio.
6th Circuit, Ohio, Ohio Northern DistrictApril 16, 2024
Judges Plead with Congress to Fix the Mess Created by Lamie
Sitting en banc, three judges in St. Louis effectively barred bifurcated fee arrangements in the Eastern District of Missouri.
8th Circuit, Missouri, Missouri Eastern DistrictApril 15, 2024
District Court Upholds the ‘Time Approach’ to Reduce Landlords’ Claims
Across the board, the district court affirmed a decision by Bankruptcy Judge Michael Wiles that minimized landlords’ claims resulting from lease termination or rejection.
2nd Circuit, New York, New York Southern DistrictApril 12, 2024
Section 1325(b)(1) Held Applicable to Post-Confirmation Amendments to Chapter 13 Plans
Courts are split on whether the confirmation requirements in Section 1325(b)(1) apply when a debtor seeks confirmation of an amended plan.
7th Circuit, Illinois, Illinois Southern DistrictApril 11, 2024
The ‘Ordinary Course’ Defense Is Satisfied by Showing One of the Two Tests, Not Both
Following the 2005 amendments, satisfying either the subject test or the objective test will prove the ‘ordinary course’ defense to a preference, Judge Hoffman says.
6th Circuit, Ohio, Ohio Southern DistrictApril 10, 2024
District Court Disregards the Bankruptcy Court’s Authority over Post-Petition Fees
Seemingly in conflict with Section 329, a district court decided that a chapter 7 debtor’s attorneys could sue for post-petition fees, even though the firm never disclosed the fee arrangement as required by Section 329 and Rule 2016.
3rd Circuit, New Jersey