October 25, 2024
Receipt of a Chapter 7 Discharge Doesn’t Preclude Conversion to Chapter 13
Small state exemptions mean that some low-income debtors can lose their homes in chapters 7 and 13 if there is equity.
8th Circuit, Missouri, Missouri Eastern DistrictOctober 24, 2024
On Conversion to ‘7,’ Admin Expenses in ‘13’ Must Be Paid, Harris Notwithstanding
When chapter 13 cases are converted to chapter 7 before confirmation, bankruptcy courts are split on whether the broad language in Harris v. Viegelahn bars chapter 13 trustees from paying administrative expenses incurred before conversion.
1st Circuit, Puerto RicoOctober 23, 2024
Equitable Tolling Can Extend Statutes of Limitations Under Section 546(a)
Dilatory actions by a debtor tolled statutes of limitations for a trustee’s suit against a third party.
3rd Circuit, Pennsylvania, Pennsylvania Eastern DistrictOctober 22, 2024
Child Tax Credits: Are They Fully or Partially Exempt Under State Law?
Tenth Circuit will be deciding whether an entire child tax credit is exempt or only a pro rata portion.
10th Circuit, ColoradoOctober 21, 2024
Trustees’ Commissions Are Based on Distributions Made to Co-Owners of Property Sold
Bankruptcy courts are divided on whether the calculation of a trustee’s commissions includes distributions made to co-owners of property that the trustee has sold.
4th Circuit, MarylandOctober 18, 2024
Circuits Are Split on Assuming a Franchise Agreement when the Franchisor Objects
Once affirmed in the Ninth Circuit, the debtor could file a petition for certiorari to resolve an important circuit split on assumption of intellectual property contracts.
9th Circuit, California, California Eastern DistrictOctober 17, 2024
No More Injunctions Barring Suits Against Nondebtors in a Diocese Sexual Abuse Case
An opinion by Bankruptcy Judge Carl L. Bucki might be read, incorrectly, to mean that Purdue precludes preliminary injunctions stopping suits against nondebtors.
2nd Circuit, New York, New York Western DistrictOctober 16, 2024
Two Courts Rule on Chapter 7 Debtors’ Standing for Objections to Sales and Claims
Virginia’s Judge Keith Phillips sides with courts that bar lenders from cutting deals with trustees to eliminate debtors’ homestead exemptions.
4th Circuit, Virginia, Virginia Eastern DistrictOctober 15, 2024
Bankruptcy Court Can’t Have Exclusive Jurisdiction over Disputes from a Sale Order
A district judge in Indiana says that a bankruptcy court cannot have exclusive jurisdiction over disputes in the future except in the circumstances specified in Section 1334.
7th Circuit, Indiana, Indiana Northern DistrictOctober 11, 2024
Giving Inferior Classes Nothing May Not by Itself Amount to ‘Fair and Equitable’
Conducting a valuation hearing on a cramdown plan isn’t always required.
2nd Circuit, New York, New York Southern District