March 12, 2024
Another Circuit Says Creditors Take Appreciation When a ‘13’ Case Converts to ‘7’
The Eighth Circuit aligned with the Ninth Circuit by holding that postpetition appreciation in a home belongs to creditors when a chapter 13 case converts to chapter 7.
8th CircuitMarch 11, 2024
Committees Don’t Dissolve Automatically on Chapter 11 Dismissal, District Judge Says
Bucking the weight of authority, a district judge allowed an equity committee to appeal dismissal of a chapter 11 case, where the committee wanted a chapter 11 trustee rather than dismissal.
2nd Circuit, New York, New York Northern DistrictMarch 08, 2024
BAP Won’t Recharacterize a Loan and Guarantee and Found No Fraudulent Transfer
The debtor’s payment on a personal guarantee was no fraudulent transfer because the debtor had received reasonably equivalent value in the forms of salary and ownership in a business that ended up being worth nothing.
10th CircuitMarch 07, 2024
Ritzen and Bullard Didn’t Change the ‘Pragmatic Approach’ to Bankruptcy Finality
Under binding circuit precedent, a Delaware district judge ruled that an order denying a motion to dismiss a chapter 11 case is final and appealable.
3rd Circuit, DelawareMarch 06, 2024
Judge Easterbrook Says: Bankruptcy Court Could Set Aside Erroneous State Court Ruling
By referring to the Rooker-Feldman doctrine, the appellant might have won an appeal where the bankruptcy court effectively set aside an erroneous decision by a state court regarding discharge.
7th CircuitMarch 05, 2024
Ninth Circuit Rebuffs Attack on a Committee’s Derivative Standing to Sue
Did bankruptcy courts create prohibited federal common law by allowing committees to prosecute claims belonging to the estate?
9th CircuitMarch 04, 2024
A Bankrupt Defendant Complicates Filing an Appeal Against Everyone Else
The Sixth Circuit explains how to appeal when the automatic stay prevents an order in a multi-defendant suit from becoming a final order.
6th CircuitMarch 01, 2024
A Foreign Branch of an FDIC-Insured U.S. Bank Is Ineligible for Chapter 15
A foreign branch of a U.S. bank isn’t a foreign bank eligible for chapter 15.
2nd Circuit, New York, New York Southern DistrictFebruary 29, 2024
Arizona Supreme Court Says RVs Aren’t Exempt Homesteads Because They Move
Although a ‘mobile home’ in Arizona is exempt, a ‘motor home’ is not exempt because it has a motor.
9th Circuit, ArizonaFebruary 28, 2024
Modifying the Stay Doesn’t Relinquish Jurisdiction Entirely over the Dispute
In bankruptcy proceedings, formal notice isn’t required if there is actual notice, the Tenth Circuit says.
10th Circuit