May 21, 2020
Judge Shefferly Confines Viegelahn to Its Facts
If a chapter 13 plan isn’t confirmed, the debtor’s counsel is paid.
6th Circuit, Michigan, Michigan Eastern DistrictMay 20, 2020
Tenth Circuit Strictly Reads Section 326(a) Regarding a Trustee’s Right to Compensation
Successful liquidation doesn’t automatically mean maximum compensation.
10th CircuitMay 19, 2020
Is Section 363(m) Jurisdictional or Only a Limit on the Power of an Appellate Court?
The belief that Section 363(m) is jurisdictional allowed a buyer to profit from taking a misleading position in bankruptcy court.
2nd Circuit, New York, New York Southern DistrictMay 18, 2020
Setoff Rights of the IRS Prevail over a Debtor’s Attempt to Exempt a Tax Refund
Fourth Circuit answered a question of first impression where the lower courts disagreed.
4th CircuitMay 15, 2020
Judge Christopher Klein Takes Sides on a Circuit Spilt Coming to the Supreme Court
Judge Klein’s opinion reads like an amicus brief urging the Supreme Court to grant ‘cert’ and resolve a circuit split by taking sides with the majority on Section 362(c)(3)(A).
9th Circuit, California, California Eastern DistrictMay 14, 2020
Another Judge Allows Switching to the SBRA When a Pending Chapter 11 Is About to Fail
Judge Jacobvitz allows the debtor to proceed under the SBRA more than a year after the initial chapter 11 filing
10th Circuit, New MexicoMay 14, 2020
‘Snapshot’ Rule for Valuation Doesn’t Apply to Compelling Abandonment, Circuit Says
Equity in property at the time of a hearing, not at filing, decides whether the court should compel abandonment, Sixth Circuit says.
6th CircuitMay 13, 2020
Statutory Basis Explained for Deferring Rent in Response to the Coronavirus
Section 365(d)(3) doesn’t contain a remedy for failure to pay rent on time, Judge Huennekens says.
4th Circuit, Virginia, Virginia Eastern DistrictMay 12, 2020
Confirmation Barred Claims Against a Coal Producer for Causing Global Warming
Global warming claims were discharged even though the chapter 11 plan did not discharge claims under environmental laws.
8th CircuitMay 11, 2020
Second Circuit Rides to the Rescue of a GM Lawyer Who Made a Big Mistake
A mistake by a lawyer isn’t “deliberate” and therefore can’t be a judicial admission.
2nd Circuit