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

June 14, 2017

Cryptic Disclosure of Fee Sharing Is Inadequate, Judge Houser Holds

Terms of fee sharing must be disclosed in the retention application, not just in an exhibit.

5th Circuit, Texas, Texas Northern District

June 01, 2017

Is a Successor Trustee Shortchanged in Apportioning Commissions?

Judges exercise considerable discretion in apportioning commissions among two trustees.

May 16, 2017

After Chapter 13 Dismissal, Counsel Fees Aren’t Paid

Harris v. Viegelahn extended from chapter 13 conversions to dismissals.

5th Circuit, Louisiana, Louisiana Western District

April 13, 2017

Split Grows on Unanticipated Circumstances to Modify a Chapter 13 Plan

Georgia judge follows the majority by more liberally allowing a chapter 13 plan modification.

11th Circuit, Georgia, Georgia Northern District

April 07, 2017

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

9th Circuit, California, California Central District

April 04, 2017

Fee Application After Completion of Plan Payments Comes Too Late

Fees awarded after discharge are wiped out like everything else.

6th Circuit, Michigan, Michigan Western District

March 22, 2017

Supreme Court Reverses Jevic, Bars Structured Dismissals that Violate Priority Rules

Jevic opinion continues to permit first-day wage and critical vendor orders, although its effect on gift plans is debatable.

Supreme Court

February 15, 2017

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

10th Circuit, Colorado

January 24, 2017

Litigation Funding Could Be Champertous in Some States

Financing litigation is champertous if the lender exercises control.

4th Circuit, North Carolina, North Carolina Western District