January 29, 2024
Courts May Create Trust Accounts to Pay Sub V Trustees and Other Admin Expenses
The court can’t require a debtor to give a ‘retainer’ to a Subchapter V trustee, Judge Pearson says.
9th Circuit, OregonJanuary 26, 2024
Agreements in Settlement of Nondischargeable Debts Are Themselves Nondischargeable
Fourth Circuit holds that attorneys’ fees and interest in pursuit of nondischargeable debts are themselves nondischargeable.
4th CircuitJanuary 25, 2024
Avoidance Actions Are Estate Property that May Be Sold, the Fifth Circuit Says
The Fifth Circuit answered one of the two questions being posed at this year’s Duberstein Moot Court Competition.
5th CircuitJanuary 24, 2024
Third Circuit Says: Bankruptcy Courts Have No Discretion to Deny Examiner Motions
Although examiners must be appointed on motion, the Third Circuit says that the bankruptcy court retains ‘broad discretion’ to fix the scope and cost of the investigation.
3rd CircuitJanuary 23, 2024
Courts Are Split on Including a Nonfiling Spouse’s Social Security Benefits
Judge Beth Buchanan decided that the ‘totality of the circumstances’ test for ‘abuse’ doesn’t permit disregarding the exemption for Social Security benefits.
6th Circuit, Ohio, Ohio Southern DistrictJanuary 22, 2024
An Unmarried ‘Partner’ Might Not Have a Homestead Exemption, Ninth Circuit Says
A California exemption law protecting victims of spousal abuse doesn’t apply to those who aren’t married.
9th CircuitJanuary 19, 2024
Alabama Judge Gives a Mixed Message on Who Gets Postpetition P.I. Settlements
District court rules that proceeds from a postpetition personal injury claim are ‘additional disposable income’ that ordinarily goes to creditors in a chapter 13 plan.
11th Circuit, Alabama, Alabama Southern DistrictJanuary 18, 2024
Debt Purchaser Socked $65,000 for a Discharge Violation
Taggart doesn’t give more protection to a purchaser of debt than it does to the original creditor, Judge Scott Grossman says.
11th Circuit, Florida, Florida Southern DistrictJanuary 17, 2024
Reference Withdrawal on Houston Ethics Probe Pits UST Against Bankruptcy Judge
Despite consent by the firm to withdraw the reference of motions to disgorge its fees, a bankruptcy judge in Houston recommended against withdrawal to district court and against transfer to another district.
5th Circuit, Texas, Texas Southern DistrictJanuary 16, 2024
Supreme Court Seems Disinclined to Pay Refunds for Overpayment of U.S. Trustee Fees
Several justices seemed to believe that ‘prospective relief’ is sufficient to remedy the due process violation because the alternatives are ineffective.
Supreme Court