May 16, 2016

No Superpriority Claim for Fully Secured Lender’s Post-Petition Interest

Superpriority claim only ensures recovery of filing day interest and principal.

4th Circuit, North Carolina, North Carolina Eastern District

May 04, 2016

WARN Act Claims Entitled to Class Status

Arkansas district judge sides with workers on WARN claims from mass firings.

8th Circuit, Arkansas, Arkansas Eastern District

May 03, 2016

Baker Botts Held Not to Govern Defense of a Receiver’s Fee Request

Brooklyn judge limits Baker Botts to fee allowances under Section 330(a).

2nd Circuit, New York, New York Eastern District

April 22, 2016

Courts Gravitating Toward Paying Lawyers on Chapter 13 Dismissals

Chapter 13 debtor lawyers are paid when cases dismiss rather than convert.

1st Circuit

April 11, 2016

Mortgages Command Priority over Legal Fees in a Chapter 13 Plan

Plan can’t cause default on a home mortgage to pay a debtor’s lawyer first.

6th Circuit, Michigan, Michigan Eastern District

April 08, 2016

Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate

9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.

9th Circuit

March 15, 2016

Lawyers Beware: Fees Can’t Be Paid from PACA Trust Funds

Fifth Circuit agrees with Second Circuit on sanctity of PACA trust funds.

5th Circuit

February 22, 2016

Unpaid Filing Fees Are Nondischargeable Debts in Detroit

Bankruptcy judges can be the government’s best collection agents.

6th Circuit, Michigan, Michigan Eastern District

February 17, 2016

Broad Statements in Harris Arguably Override Bankruptcy Code Section 1326(a)(2)

Did Justice Ginsburg go too far by holding that nothing in chapter 13 applies on conversion to chapter 7?

10th Circuit, Colorado

February 05, 2016

Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings

Debtors notch three wins and lose once in significant consumer cases.

Supreme Court