July 07, 2023
Although a court may sell a nondebtor’s interest in jointly owned property, the Ninth Circuit BAP won’t permit selling free and clear of lien on the nondebtor’s interest in the property being sold.
9th Circuit
June 06, 2023
In a rising real estate market, chapter 13 debtors risk losing their homes if they sell or convert to chapter 7.
8th Circuit
June 02, 2023
Although a stock purchase and a loan payoff were one month apart, a district judge in Indiana found a sufficient nexus to invoke the safe harbor and dismiss a fraudulent transfer suit.
7th Circuit, Indiana, Indiana Southern District
April 21, 2023
Supposedly nefarious facts aren’t evidence of bad faith if they were disclosed to the bankruptcy judge who nevertheless made a finding of good faith.
5th Circuit
March 30, 2023
Before confirmation, district judge says that a chapter 13 debtor is only required to turn over disposable income to a trustee, not proceeds from a post-petition sale of property.
2nd Circuit, New York, New York Southern District
February 13, 2023
Bound by Dow Corning, which permitted nondebtor releases, the Sixth Circuit had to explain why the same releases are not permissible in equity receiverships.
6th Circuit
February 01, 2023
Although a UCC lien on ‘accounts’ would attach outside of bankruptcy to proceeds from the sale of real property, Section 552(b) cuts off attachment if the sale occurs after filing
5th Circuit, Texas, Texas Southern District
