September 20, 2018
Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans
‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 19, 2018
Being Employed Isn’t Enough to Salvage an Individual’s Chapter 11 Discharge
Appeals court talks about discharging a debt when the issue is denial of discharge.
9th CircuitSeptember 18, 2018
Third Circuit Upholds Revocation of $275 Million Breakup Fee
Third Circuit creates a high standard for revoking a vested contract right.
3rd CircuitSeptember 17, 2018
Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims
Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.
5th Circuit, Texas, Texas Northern DistrictSeptember 14, 2018
Exemption Claim Overrides the Government’s Right of Setoff, District Judge Says
Courts are divided when an exemption claim collides with the government’s right of setoff.
4th Circuit, Virginia, Virginia Eastern DistrictSeptember 13, 2018
Requiring Conduit Mortgage Payments Is Ok Despite Costing the Debtor $5,300
Bankruptcy judge says a chapter 13 debtor receives ‘several benefits’ from paying 8% in commissions on mortgage payments through the trustee.
4th Circuit, North Carolina, North Carolina Eastern DistrictSeptember 12, 2018
Major Automatic Stay Issue Inches Toward the Supreme Court
Chicago parking ticket cases to be resolved in the Seventh Circuit.
7th Circuit, Illinois, Illinois Northern DistrictSeptember 11, 2018
Raising a Circuit Split, Ninth Circuit’s Taggart Opinion Heads for a ‘Cert’ Petition
BAP opinion shows that contempt is virtually impossible to prove in the Ninth Circuit following Taggart.
9th CircuitSeptember 10, 2018
Fourth Circuit Is Strict on ‘Person Aggrieved’ and Equitable Mootness
Fourth Circuit disposes of a high-stakes appeal without oral argument in a terse, per curiam opinion incorporating the ‘reasons stated by the district court.’
4th CircuitSeptember 07, 2018
Avoiding Powers Under PROMESA May Be Applied Retroactively
Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.
1st Circuit, Puerto Rico