October 01, 2019
Lawyer Sanctioned for Filing at the Last Minute when Title Had Passed Already
Lawyer was sanctioned under Rule 9011 for filing a petition when the lawyer should have known that title had already passed in a foreclosure sale.
3rd Circuit, New JerseySeptember 30, 2019
First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds
Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.
1st Circuit, Puerto RicoSeptember 27, 2019
Proceeds of Exempt Property Retain Exempt Status in Chapter 7, District Judge Says
District judge in Maine follows the Fifth Circuit by ruling that the post-petition sale of exempt property does not destroy the exempt status of the proceeds.
1st Circuit, MaineSeptember 26, 2019
Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims
W.R. Grace makes more law on channeling injunctions.
3rd Circuit, DelawareSeptember 25, 2019
Sixth Circuit Might Rule on Deductions for Contributions to Retirement Accounts
Courts are split on whether chapter 13 debtors may deduct voluntary contributions to retirement accounts from ‘disposable income.’
6th Circuit, Michigan, Michigan Eastern DistrictSeptember 24, 2019
Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says
Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.
7th CircuitSeptember 23, 2019
Circuit Finds No Successor Liability from Buying Assets and Continuing the Business
Continuing the business after buying the assets from the lender at a foreclosure sale doesn’t bring successor liability.
8th CircuitSeptember 20, 2019
BAP Decision Previews Issues Confronting the Supreme Court in Ritzen
Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’
Supreme CourtSeptember 19, 2019
Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say
Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.
3rd Circuit, DelawareSeptember 18, 2019
New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules
Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.
3rd Circuit, New Jersey