December 10, 2020
Subchapter V Trustees Are Entitled to ‘Reasonable’ Compensation Without a “Cap”
Section 326(b) could have been (incorrectly) read to mean that non-standing subchapter V trustees are not entitled to compensation.
9th Circuit, IdahoDecember 09, 2020
Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
9th Circuit, California, California Southern DistrictDecember 08, 2020
Arizona District Judge: No Final Orders in Preference Suits Without a Claim or Consent
Expanding on dicta in Bellingham, the district court in Arizona finds no power to enter a final order in a preference suit against a defendant who did not consent to a final order in bankruptcy court.
9th Circuit, ArizonaDecember 07, 2020
‘Doing Everything Possible’ Can Result in Cutting a Fee Request, Judge Thad Collins Says
An oversecured lender may not be entitled to a fee allowance from the estate that a private client might be willing to pay.
8th Circuit, Iowa, Iowa Northern DistrictDecember 04, 2020
Court of Claims Upholds Fee Increase for U.S. Trustee System
The Fifth Circuit and now the Court of Claims found no constitutional flaw in the 2017 increase in fees paid by chapter 11 debtors to the U.S. Trustee system.
5th CircuitDecember 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th CircuitDecember 03, 2020
Ninth Circuit Upholds an FDCPA Suit for Collecting a Debt Paid in Full in Chapter 13
Even though the discharge order had been violated, neither Midland Funding nor Ninth Circuit precedent precluded an FDCPA suit for attempting to collect a debt paid in full.
9th CircuitDecember 02, 2020
New York’s High Court Splits on Federal Preemption of Tortious Interference Claims
New York Court of Appeals decision opens the door to state court suits against third parties who cause debtors to breach contracts with lenders.
2nd Circuit, New YorkDecember 01, 2020
A Zombie Was Sufficiently Alive to Make Affiliates Liable for ERISA Underfunding
The Eleventh Circuit makes federal common law to nail companies for a deceased affiliate’s pension underfunding.
11th CircuitNovember 30, 2020
Court of Claims Rebuffs Puerto Rico Bondholders’ Claims of Unconstitutional Takings
Cutting off post-petition liens under PROMESA did not violate the Takings Clause.
1st Circuit