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ABI Journal

Rochellel's Daily Wire

September 03, 2019

Section 363 Doesn’t Apply to Asset Sales in a Chapter 11 Plan, Judge Garrity Rules

Section 363(o) claims nonetheless must be counted in deciding whether a chapter 11 plan passes the best interests test.

August 30, 2019

Taggart’s Effect Evident in Eleventh Circuit Ruling on Discharge Violation

An action that could violate the FDCPA may not be a violation of the discharge injunction.

11th Circuit

August 29, 2019

‘Related To’ Jurisdiction Is Measured When the Suit Is Filed, Not Later, Circuit Says

Even though subject matter jurisdiction persists when there is no longer an effect on the estate, the court may exercise discretion to dismiss, the Fifth Circuit says.

5th Circuit

August 28, 2019

Fifth Circuit to Rule on Whether Increased U.S. Trustee Fees Are Retroactive

Another bankruptcy judge rules that the increase in U.S. Trustee fees does not apply to pending chapter 11 cases.

5th Circuit

August 27, 2019

Location of Assets in the U.S. Doesn’t Defeat COMI in the Cayman Islands

Madoff feeder fund allowed to conduct primary liquidation in the Cayman Islands.

August 26, 2019

Absolute Priority Doesn’t Require an Individual Debtor to Pay for Exempt Property

BAP holds that an individual in chapter 11 isn’t required to contribute new value to retain exempt property.

9th Circuit

August 23, 2019

Debt Discharged in Prior Chapter 7 Isn’t Counted in Later Chapter 13 Eligibility

In calculating eligibility for chapter 13, Judge Nevins in Connecticut differs from some other bankruptcy judges in the Second Circuit.

August 22, 2019

Homestead Exemption Upheld on a House Neither Taxed nor Zoned for Residential Use

Occupancy and intent to be a permanent residence are all that’s needed for a homestead exemption, even if the house violates local ordinances.

11th Circuit

August 21, 2019

Chapter 7 Debtor’s Counsel Permitted to Defend Creditors in Avoidance Suits

Bankruptcy Judge Carol A. Doyle parses the limited duties of a chapter 7 debtor to the estate.

August 20, 2019

District Court Overrides Arbitration on Disputes Regarding Defective Proofs of Claim

Someday, the Supreme Court will decide whether bankruptcy has an exemption from arbitration not available in ordinary commercial litigation.