January 20, 2022
Eleventh Circuit Takes Sides on Circuit Split by Upholding the 2018 Increase in U.S. Trustee Fees
On an issue the Supreme Court will decide this spring, the Eleventh Circuit broke the tie among the circuits by finding no unconstitutional lack of uniformity when the 2018 increase in U.S. Trustee fees was not immediately applicable in two states with Bankruptcy Administrators.
11th CircuitJanuary 19, 2022
Another District Judge Emphatically Rejects a Plan with Non-Debtor Third-Party Releases
A district judge in Virginia holds that third-party, non-debtor releases must be approved by district judge under Stern and must comply with the strictures of Federal Rule 23.
4th Circuit, Virginia, Virginia Eastern DistrictJanuary 18, 2022
Homestead Proceeds May Be Exempt Under State Law but Not Under Federal Exemptions
Is a bankruptcy court improperly making federal common law in defining an exemption contrary to state law in an aspect of the exemption not explicitly covered by Section 522(d)(1)?
6th Circuit, Kentucky, Kentucky Western DistrictJanuary 14, 2022
Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims
A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.
9th CircuitJanuary 13, 2022
Bar to Challenging Taxes in Bankruptcy Court Isn’t Retroactive, Eleventh Circuit Says
The Eleventh Circuit opinion has important dicta on whether or not the tort of ‘continuous trespass’ exists in New York.
11th CircuitJanuary 12, 2022
Supreme Court to Resolve Circuit Split on the 2018 Increase in U.S. Trustee Fees
The Supreme Court granted certiorari to decide whether the 2018 increase in U.S. Trustee fees violated the Bankruptcy Clause because it was not immediately applicable in two states with Bankruptcy Administrators.
Supreme CourtJanuary 11, 2022
Purdue District Judge Authorizes Appeal to the Second Circuit on Non-Debtor Releases
The district judge who overturned confirmation of Purdue’s chapter 11 plan is requiring the debtor to expedite the appeal to the Second Circuit.
2nd CircuitJanuary 10, 2022
BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions
The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).
6th CircuitJanuary 07, 2022
Earned Income Tax Credit Held Exempt by the Ninth Circuit BAP
The EITC and the ACTC are both exempt in states with broadly defined “public assistance,” the Ninth Circuit BAP says.
9th CircuitJanuary 06, 2022
Majority of Courts Use Confirmation Date to Value a Lender’s Collateral in Cramdown
Courts are split when it comes to deciding whether the confirmation date or the filing date should be used to value a secured lender’s collateral in cramdown.
10th Circuit, New Mexico