September 03, 2019
Section 363 Doesn’t Apply to Asset Sales in a Chapter 11 Plan, Judge Garrity Rules
Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.
August 30, 2019
Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation
An action that could violate the FDCPA may not be a violation of the discharge injunction.
11th CircuitAugust 29, 2019
‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says
Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.
5th CircuitAugust 28, 2019
Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive
Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.
5th CircuitAugust 27, 2019
Location of Assets in the U.S. Doesn’t Defeat COMI in the Cayman Islands
Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.
August 26, 2019
Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property
BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.
9th CircuitAugust 23, 2019
Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility
In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.
August 22, 2019
Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use
Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.
11th CircuitAugust 21, 2019
Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits
Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.
August 20, 2019
District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim
Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.