July 11, 2022
Delaware Judge Approves ‘Uptier’ Financing that Involuntarily Subordinated Debt
Bankruptcy Judge Craig T. Goldblatt declined to interpret an indenture’s ratable treatment clause as anti-subordination in disguise.
3rd Circuit, DelawareJuly 08, 2022
Second Circuit Bright-Line Rule: It’s Always a Stay Violation if Debtor Is a Defendant
Second Circuit exercises ‘hypothetical’ appellate jurisdiction when finality is murky.
2nd CircuitJuly 07, 2022
May a Judge Revoke a Small Business Designation under Subchapter V of Chapter 11?
Bankruptcy Judge Gunn found the power to revoke a small business designation and proceed under ‘traditional’ chapter11 in lieu of dismissing or converting to chapter 7.
D.C. CircuitJuly 06, 2022
Parties May Not Consent for Magistrate Judge to Decide a Bankruptcy Appeal
Fifth Circuit holds that 28 U.S.C. § 158 requires district judges or BAPs to decide bankruptcy appeals.
5th CircuitJuly 05, 2022
District Judge Effectively Bars a Short Sale Without Paying the Homestead Exemption
Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.
2nd Circuit, New York, New York Eastern DistrictJuly 01, 2022
Four Circuits Now Permit Fraudulent Transfer Attacks on Real Estate Tax Foreclosures
Circuit courts are split 4/3 on their interpretation of Supreme Court precedent holding that regularly conducted mortgage foreclosures are immune from fraudulent transfer attack.
2nd CircuitJune 30, 2022
Chapter 13 Creditors Get Exempt Assets that Produce Income
Exempt assets are included in the calculation of chapter 13 projected disposable income to the extent that the exempt asset produces income.
2nd Circuit, New York, New York Northern DistrictJune 29, 2022
Lender Defaulted on the Merits for ‘Prolonged, Extraordinary’ Discovery Violations
Despite contrary Second Circuit dicta, retiring Judge Robert Drain certified a nationwide class in a suit for violation of the discharge injunction.
2nd Circuit, New York, New York Southern DistrictJune 28, 2022
Supreme Court to Decide Whether Section 363(m) Is a Jurisdictional Bar to Appeal
The Supreme Court now has two bankruptcy cases on the calendar for argument in the term to begin in October.
Supreme CourtJune 27, 2022
A Deceased Chapter 13 Debtor Can Still Obtain a Discharge, Judge Parker Says
Death is a reason for waiving the requirement for completing a financial management course.
5th Circuit, Texas, Texas Western District