August 23, 2018
Second Circuit Upholds Dismissal of an ‘Involuntary’ in a Two-Party Dispute
Additional judgment enforcement remedies under the Bankruptcy Code don’t justify an involuntary petition.
2nd CircuitAugust 22, 2018
Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs
Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.
5th CircuitAugust 21, 2018
Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)
The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.
10th CircuitAugust 20, 2018
Eleventh Circuit Endorses the Applicability of ‘Equitable Mootness’ in Chapter 9
Two circuits and a BAP now invoke ‘equitable mootness’ to dismiss appeals from orders confirming chapter 9 municipal debt adjustment plans.
11th CircuitAugust 17, 2018
Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers
Caution: Do not use heavy machinery. Reading this story may induce drowsiness.
3rd CircuitAugust 17, 2018
Chicago Must Return Impounded Cars Immediately After a Chapter 13 Filing
Judge Thorne rules that exceptions to the automatic stay do not allow the City of Chicago to retain possession of impounded cars.
7th Circuit, Illinois, Illinois Northern DistrictAugust 16, 2018
Circuit Split Narrows on the New Value Defense to a Preference
Eleventh Circuit abandons the notion that new value must remain unpaid to offset a preference.
11th CircuitAugust 15, 2018
Bankruptcy Court Still Has Jurisdiction Seven Years After Confirmation
Venue in the bankruptcy court is ok for suits brought under a liquidating plan.
2nd Circuit, New York, New York Southern DistrictAugust 14, 2018
There Are No Fractions of a Household in Tacoma, Washington
Judge Lynch of Tacoma follows Idaho’s Judge Pappas in determining the size of a ‘household’ when someone is a part-time resident.
9th Circuit, Washington, Washington Western DistrictAugust 13, 2018
Collection Injunctions Are (Sometimes) Ok in an Individual Chapter 11
Ninth Circuit BAP explains when the holder of a nondischargeable claim can be enjoined from collecting during the life of an individual’s chapter 11 plan.
9th Circuit