November 27, 2023
Tenth Circuit BAP Disagrees with the Fourth Circuit on Inapplicability of Article III
The split deepens on whether the jurisdiction of bankruptcy courts is limited by Article ‘case or controversy’ requirements.
10th CircuitNovember 22, 2023
Discharge Isn’t an Automatic Bar to Conversion from ‘7’ to ‘13’
A district court opinion from Michigan raises the question of whether the Supreme Court’s decision in Marrama is still good law after Law v. Siegel.
6th Circuit, Michigan, Michigan Eastern DistrictNovember 21, 2023
Actual Damages Not Required to Recover Attorneys’ Fees for a Stay Violation
Judge Goldblatt slaps creditors with $665,000 in damages for violating the automatic stay.
3rd Circuit, DelawareNovember 20, 2023
‘13’ Debtors May Bifurcate Mortgages that Mature Before the Final Plan Payment
The Ninth Circuit BAP says that a later valuation can make a debtor eligible for chapter 13 when the original schedules meant ineligibility.
9th CircuitNovember 17, 2023
Even Without Personal Liability, a Mortgage on a Debtor’s Property Is a ‘Claim’
The ‘broad’ definition of ‘claim’ by the Supreme Court in Johnson led Judge Huennekens to hold that in rem rights against a debtor’s property give rise to a ‘claim.’
4th Circuit, Virginia, Virginia Eastern DistrictNovember 16, 2023
Is an Option an Executory Contract or Not?
When there is a recorded option to purchase real estate, Prof. Westbrook would have analyzed the specific performance rights of the holder of the option under state law, not the question of whether the option was executory.
7th Circuit, Indiana, Indiana Southern DistrictNovember 15, 2023
Two Judges Agree: A Class with No Votes Isn’t Considered in Confirming a Sub V Plan
One month apart, two Houston bankruptcy judges held that a non-voting class is not deemed to have voted against a plan.
5th Circuit, Texas, Texas Southern DistrictNovember 14, 2023
Rooker-Feldman Only Applies to Someone Who Was a Party in State Court
Rooker-Feldman is applied narrowly these days and isn’t a substitute for collateral estoppel.
11th Circuit, Florida, Florida Middle DistrictNovember 13, 2023
In MOAC on Remand, the Second Circuit Vacates the Order Assigning the Lease
The Second Circuit is remanding to district court for a ruling on the relief available to the landlord, given that the sale closed years ago.
2nd CircuitNovember 10, 2023
Georgia Judge Approves a Chapter 11 Plan with Nonconsensual, Nondebtor Releases
Although the Supreme Court will soon rule on the permissibility of nonconsensual releases, Bankruptcy Judge Sigler approved a plan with nondebtor releases under existing Eleventh Circuit precedent.
11th Circuit, Georgia, Georgia Northern District