August 30, 2023
First Circuit Describes How to Value an Interest in Entireties Property
The value of a debtor’s interest in entireties property isn’t necessarily 50% of the value of the entire property.
1st CircuitAugust 29, 2023
Eleventh Circuit Narrowly Reads a State Fee-Shifting Statute
The lawsuit was under federal law, not state law, even though Section 544(b)(1) incorporated state fraudulent transfer law.
11th CircuitAugust 28, 2023
Four Circuits Agree: Debtors Get Refunds for Overpayment of U.S. Trustee Fees
With four circuits in agreement, the Supreme Court isn’t likely to grant cert to rule on whether chapter 11 debtors are entitled to refunds for overpayment of U.S. Trustees fees that were held unconstitutional in Siegel.
9th CircuitAugust 25, 2023
Eighth Circuit Definitively Holds: Avoidance Actions Are Estate Property and Can Be Sold
Now a circuit judge, a former bankruptcy judge makes quick work of a troublesome issue about property of the estate.
8th CircuitAugust 24, 2023
State Court Is the ‘More Appropriate Forum’ to Divide Marital Property
The bankruptcy court can divide marital property, but just because it can doesn’t mean it should, Judge Thuma says.
10th Circuit, New MexicoAugust 23, 2023
Fourth Circuit: State Law Claims for Discharge Violations Are Not Preempted
The Fourth Circuit declined to follow the First and Sixth Circuits on preemption of automatic stay violations by expanding the ban to redress for discharge violations.
4th CircuitAugust 22, 2023
Three Circuits Agree: The ACA’s ‘Penalty’ Is Actually a Tax Entitled to Priority
Looking beyond the label assigned by the Affordable Care Act, three circuits have now held that failure to pay the ‘individual mandate’ for purchasing health insurance gave rise to a tax entitled to priority in bankruptcy.
6th CircuitAugust 21, 2023
Government Bar Date Applies to DOE Loans Even When the Servicer Is Private
As long as the student loan is owing to the government, the Fifth Circuit holds that the government bar date applies even when the servicer is a private company.
5th CircuitAugust 18, 2023
State Law Requiring Exhaustion of Administrative Remedies Won’t Divest Jurisdiction
Neither a contract nor state law requiring exhaustion of administrative remedies can divest the bankruptcy court of ‘core’ jurisdiction, even after plan confirmation.
D.C. CircuitAugust 17, 2023
Fifth Circuit Adheres to ‘Person Aggrieved’ for Appellate Standing in Bankruptcy
Bankruptcy courts can have subject matter jurisdiction to approve settlements between nondebtors.
5th Circuit