October 15, 2020
Fifth Circuit Again Says: No ‘Futility Defense’ Under the Texas UFTA
Following the answer by the Texas Supreme Court to a certified question, the Fifth Circuit again rules that an inability to discover fraud won’t absolve a transferee from the duty to investigate suspicions of fraud.
5th CircuitOctober 14, 2020
‘13’ Plans Already in Default on March 27 May Be Extended Under the CARES Act
Judge Grabill finds nothing in Section 1329(d) to preclude extending the duration of a plan if payments were already in default when the CARES Act was enacted on March 27.
5th Circuit, Louisiana, Louisiana Eastern DistrictOctober 13, 2020
Unrepentant Lender Slammed with $260,000 in Damages for an ‘Egregious’ Stay Violation
Lender soon recognized that home foreclosure violated the stay but continued denying liability through seven years of litigation.
4th Circuit, North Carolina, North Carolina Western DistrictOctober 13, 2020
Supreme Court Hears Argument in Fulton: Is Inaction an Automatic Stay Violation?
Supreme Court to resolve a circuit split by deciding whether a change in the status quo must occur before the automatic stay is violated.
Supreme CourtOctober 09, 2020
A Gaming License Isn’t ‘Property’ and Thus Can’t Be Fraudulently Transferred
A gaming license in Pennsylvania is a revocable ‘privilege.’
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictOctober 08, 2020
Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment
On an issue where the courts are split, the Tenth Circuit BAP sides with debtors and allows them to retain postpetition appreciation in the value of assets that were in the estate on filing.
10th CircuitOctober 07, 2020
‘Fair Ground of Doubt’ Under Taggart Isn’t Shown by Intending to Overturn Precedent
The contemnor shoulders the burden of showing ‘uncertainty’ under the Taggart standard for contempt, Judge Barnes says.
10th Circuit, ColoradoOctober 06, 2020
First Circuit Won’t Allow a Lien to Be Waived by Implication
Foreclosing on cash doesn’t moot an appeal from the order modifying the automatic stay as to cash.
1st CircuitOctober 05, 2020
Courts Remain Split on Allowing Credit Counseling on the Same Day but After Filing
Another judge follows statutory language that didn’t achieve the result Congress probably intended.
10th Circuit, ColoradoOctober 02, 2020
Eleventh Circuit Reads Husky Narrowly, Perhaps Too Narrowly
Reading Husky narrowly, the Eleventh Circuit requires that fraud occur before a debt arises to make the debt nondischargeable under Section 523(a)(2)(A).
11th Circuit