Rochellel's Daily Wire

July 17, 2017

Trustee Can’t Evict Debtors in Advance of Selling Their Home, Sixth Circuit Rules

Debtors have standing for a motion compelling a trustee to abandon.

6th Circuit

July 14, 2017

Tenth Circuit’s Narrow View of Automatic Stay Erodes Estate Property

Tenth Circuit is in the minority by requiring affirmative action for a stay violation.

July 13, 2017

Ninth Circuit Revises an Automatic Stay Opinion from Three Years Ago

Appeals court avoids a split of circuits by deciding a different issue this time.

9th Circuit

July 12, 2017

Receipt under Section 503(b)(9) Occurs on Physical Possession, Third Circuit Holds

Third Circuit aids suppliers because ‘receipt’ can occur after ‘delivery.’

3rd Circuit

July 11, 2017

Collecting Criminal Restitution Does Not Violate the Automatic Stay

Three circuits permit collection of criminal restitution despite the automatic stay.

9th Circuit

July 10, 2017

Can a Plan Modify and Pay Off a Secured Claim Without Creditor Participation?

Texas judge circumvents Fifth Circuit’s requirement of secured creditor participation in chapters 11 and 13.

July 07, 2017

Life Insurance Proceeds Beyond 180 Days Are Estate Property in Chapter 13

Courts split on inclusion of life insurance proceeds in a chapter 13 estate.

11th Circuit, Florida, Florida Middle District

July 06, 2017

Rooker-Feldman Protects Unperfected Mortgages and Permits Foreclosure

Unperfected mortgage can be perfected after discharge, BAP implies.

6th Circuit

July 05, 2017

Did the Supreme Court Hint that Bankruptcy Venue Is Too Broad?

The Bristol-Myers decision on state class actions may eventually affect bankruptcy venue.

Supreme Court

July 03, 2017

Monetary Sanctions Are Available to Remedy Violations of the Co-Debtor Stay

Section 105(a) was utilized because Section 1301 is silent on sanctions.

8th Circuit, Iowa, Iowa Northern District