June 01, 2022
If there are mutual claims, the Ninth Circuit BAP gives the court discretion not to evaluate a settlement as a sale.
9th Circuit
May 06, 2022
To settle with a trustee, a creditor is not required to volunteer damaging information.
9th Circuit, Montana
April 12, 2022
To be a good faith purchaser under Section 363(m), a purchaser must be given actual notice to those with an interest in the property. Constructive notice won’t suffice.
7th Circuit
March 08, 2022
For those entitled to the mortgage interest deduction, debtors may have unexpected tax benefits from short sales.
9th Circuit
March 02, 2022
Disputes over water rights aren’t the sort of property interest that can attach to proceeds in a sale ‘free and clear’ under Section 363(f).
10th Circuit, Utah
January 25, 2022
The Tenth Circuit left an unanswered question: Do debtors retain post-filing appreciation in a home that is not sold before the case converts from chapter 13 to chapter 7?
10th Circuit
November 03, 2021
In a concurrence, Circuit Judge Jordan questions whether rollups are permitted under Eleventh Circuit authority.
11th Circuit
October 21, 2021
Disclosing a lawsuit in the SOFA and discussing the suit with the trustee was no substitute for listing the suit among a debtor’s assets, the Ninth Circuit held.
9th Circuit
October 18, 2021
The bankruptcy court was accorded wide discretion in deciding how to treat a $5.2 million loan that was neither disclosed to nor approved by the bankruptcy court.
11th Circuit, Georgia, Georgia Northern District
