November 15, 2018
Chapter 11 Super Priority Claims Retain Exalted Status After Conversion to Chapter 7
Super priority claims are not created under Section 503(b) and therefore don’t take a back seat to chapter 7 administrative claims.
8th Circuit, NebraskaOctober 05, 2018
Wisconsin Judge Slashes Quarterly Fees to the U.S. Trustee Program
Judge Furay interprets ‘disbursements’ not to include the daily sweep of a collection account in a revolving credit.
7th Circuit, Wisconsin, Wisconsin Western DistrictOctober 01, 2018
Disgorgement by Professionals Is Not Required in an Administrative Insolvency
Jevic doesn’t mandate forcing professionals to disgorge interim allowances to achieve a pro rata distribution to administrative claimants in an administrative insolvency.
7th Circuit, Indiana, Indiana Southern DistrictSeptember 24, 2018
Chapter 7 Trustee Is Paid in a Case Converted to Chapter 13
Courts split on allowing compensation to a chapter 7 trustee when the case is converted to chapter 13 before distributions were made.
1st Circuit, MassachusettsJuly 31, 2018
Ninth Circuit Requires Explicit Objection to Avoid Forfeiting an Appeal
Ethical issues abound when a committee counsel’s own financial interest conflicts with its client’s interests.
9th CircuitJuly 26, 2018
Specific Request Required for ‘Admin’ Claim after Contract Rejection
A creditor’s expenses in removing its equipment after contract rejection is not entitled to administrative status.
5th Circuit, Louisiana, Louisiana Eastern DistrictJuly 12, 2018
Chapter 13 Discharges Post-Filing Condo Assessments in the Ninth Circuit
Circuit court bases its decision on the omission of Section 523(a)(16) from Section 1328(a).
9th CircuitJune 26, 2018
Courts Split on Paying Chapter 13 Debtor’s Counsel if Conversion Precedes Confirmation
Arizona judge declines to expand Harris v. Viegelahn to cases when conversion precedes confirmation.
9th Circuit, ArizonaMay 23, 2018
New Jevic Settlement Fails, Making Supreme Court’s Reversal More Costly
Unlike Rodney Dangerfield, Jevic workers get respect when Delaware judge rejects a new settlement they dislike.
3rd Circuit, DelawareMay 10, 2018
Debtor’s Chapter 13 Counsel Properly Stiffed for End-of-Case Fees
Practice point: Be sure that a chapter 13 discharge excepts debtor’s unpaid counsel fees.
9th Circuit