February 12, 2024
Bankruptcy Judge Chops a Fully Secured Lender’s Fee Request by 60%
A fully secured lender’s lawyer doesn’t have a ‘blank check’ to overwork a case, Bankruptcy Judge Kimberley Tyson says.
10th Circuit, ColoradoFebruary 09, 2024
Creditors Don’t Receive Estate Assets Recovered After the Last Chapter 13 Plan Payment
Absent a provision in the plan to the contrary, creditors aren’t given estate assets recovered after the final plan payment.
9th Circuit, IdahoFebruary 08, 2024
Another Judge Rules that Federal Bankruptcy Law Preempts Delaware Law on LLCs
Like Bankruptcy Judge Lopez in Houston, Delaware’s Judge Goldblatt decided that Delaware law governing LLCs can’t eliminate rights that are fundamental in federal bankruptcy law.
3rd Circuit, DelawareFebruary 07, 2024
Judge Rails Against Subchapter V Cases Taking as Long as ‘Regular’ Chapter 11s
An opinion by Denver’s Judge McNamara describes the four interpretations of Section 1189(b) and follows the meaning given to Section 1221.
10th Circuit, ColoradoFebruary 06, 2024
Rooker-Feldman Even Bars Review of State Court Judgments that Are ‘Void,’ Circuit Says
A debtor has one bite at the apple to enforce discharge. Take your pick: state or federal court, but not both.
5th CircuitFebruary 05, 2024
Sitting on the Sidelines in a Chapter 11 Case Sometimes Doesn’t Pay Off
Knowledge of a chapter 11 case is enough to bind a creditor to the terms of a plan, even if the creditor hasn’t filed a claim, the Fifth Circuit says.
5th CircuitFebruary 02, 2024
Dispositions of Marital Property Aren’t Always Beyond the Avoiding Powers
A division of marital property on consent to someone other than a spouse might be a fraudulent transfer.
6th Circuit, Tennessee, Tennessee Eastern DistrictFebruary 01, 2024
Cursing the Debtor by Itself Isn’t a Violation of the Automatic Stay
A vulgarity directed at the debtor wasn’t a stay violation absent an act designed to collect a debt.
9th Circuit, California, California Eastern DistrictJanuary 31, 2024
Congress Must Act to Permit Chapter 7 Debtors to Pay Counsel After Filing
Bifurcated fee arrangements are cumbersome, temporary fixes for a problem that the Supreme Court created in Lamie.
3rd Circuit, Pennsylvania, Pennsylvania Western DistrictJanuary 30, 2024
Bankruptcy Is No Get-Out-of-Jail-Free Card for a Disobedient Debtor
When there has been a division of marital property, does a debtor only hold legal title to property given to the spouse?
7th Circuit, Illinois, Illinois Northern District