January 11, 2019
Important Tenth Circuit Concurring Opinion Expounds on ‘Prudential’ Standing
A creditor’s factual allegations in bankruptcy court must be taken as true on appeal to establish ‘prudential standing.’
10th CircuitJanuary 10, 2019
Tenth Circuit Imports Section 363(m) to Nonbankruptcy Appeals
Tenth Circuit avoids deciding whether equitable mootness applies outside of bankruptcy.
10th CircuitJanuary 09, 2019
A Pending Sale Contract Doesn’t Obliterate a Homestead Exemption in Chapter 7
New York court delves into issues covered by the Fifth Circuit in Hawk and DeBerry.
2nd Circuit, New York, New York Eastern DistrictJanuary 08, 2019
Sixth Circuit Enforces a ‘Carveout’ for Professionals after Conversion to Chapter 7
The appeals court barred the secured lenders from renegotiating a carveout when a chapter 11 reorganization failed.
6th CircuitJanuary 07, 2019
Supreme Court Grants ‘Cert’ to Decide Whether Good Faith Is a Defense to Contempt
Supreme Court has three bankruptcy cases this term, on nonjudicial foreclosure, trademark rejection, and contempt for a stay violation.
Supreme CourtJanuary 07, 2019
Eleventh Circuit Allows Termination of Retiree Benefits in a Chapter 11 Liquidation
Operations must continue for a debtor to invoke Section 1114 in a chapter 11 liquidation, Eleventh Circuit says.
11th CircuitJanuary 04, 2019
Wildcard Exemption Covered a Prepetition Malpractice Claim
Judge Dales explains how Section 522(g) does not limit, but rather expands, a debtor’s exemptions.
6th Circuit, Michigan, Michigan Western DistrictJanuary 03, 2019
Courts Are Split on Breach of Contract Resulting in Nondischargeability
In some circuits, never intending to repay a loan can result in nondischargeability under Section 523(a)(6).
10th Circuit, New MexicoJanuary 02, 2019
An Interest in Property as JTWROS Drops Out of the Estate on Death of the Debtor
JTWROS ownership confers benefits and disadvantages in bankruptcy, too.
10th CircuitDecember 28, 2018
Ninth Circuit Allows Counsel Fees when Debtor Successfully Appeals a Stay Violation
Ninth Circuit is the first court of appeals to expand a debtor’s appellate counsel fees beyond successfully defending an award for a willful stay violation.
9th Circuit