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ABI Journal

September 17, 2021

Affirmance Shows that Merit Management Has Been Gutted in the Second Circuit

Properly structuring a leveraged refinancing in the Second Circuit can avoid attack as a fraudulent transfer despite the Supreme Court’s effort at narrowing the ‘safe harbor.’

2nd Circuit, New York, New York Southern District

September 14, 2021

Chapter 13 Debtor Keeps a Whopping Increase in the Value of a Home

On a question where the courts are split, a New Jersey bankruptcy judge allowed the chapter 13 debtor to retain a $100,000 increase in value when he sold his home.

3rd Circuit, New Jersey

August 06, 2021

Statutory Mootness of Sale Orders Even Overrides Alleged Due Process Violations

Fifth Circuit rejects technical arguments aimed at skirting Section 363(m) and statutory mootness of a sale order.

5th Circuit

July 19, 2021

Tribal Law Defined the Nature of a Tribe Member’s Property Interest in Gaming Revenue

Federal law allows tribes to determine whether a tribe member’s interest in distributions of gaming revenue will be estate property in bankruptcy, Judge Ridgway says.

8th Circuit, Minnesota

July 16, 2021

Publication Notice Won’t Suffice for Creditors with Recorded Property Interests

Actual notice is required even for contingent liabilities not shown on financial statements, the Sixth Circuit holds.

6th Circuit

June 23, 2021

Judge Glenn Explains When Structured Dismissals and Comfort Orders Are Ok

Jevic didn’t ban structured dismissals when there is no violation of the rules of priority and the alternatives would create greater administrative insolvency.

2nd Circuit, New York, New York Southern District

June 14, 2021

Chapter 13 Debtors Lost Appreciation in Property After Conversion to ‘7’

On an issue where the courts are split, a judge in Washington State says that the debtors lose the post-petition appreciation in the value of estate property when a chapter 13 case converts to chapter 7.

9th Circuit, Washington, Washington Western District

May 11, 2021

Jevic Rises from the Dead to Bar Claims Brought Originally by the Creditors’ Committee

Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.

3rd Circuit, Delaware

April 29, 2021

Unusual Facts Permit Selling Property Free and Clear of Judicial Liens

Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.

2nd Circuit, New York, New York Eastern District

March 19, 2021

Only Noncitizens with ‘Green Cards’ Qualify for a Florida Homestead Exemption

Intending to reside permanently in the U.S. won’t qualify someone for a Florida homestead exemption unless the debtor is entitled to permanent residency.

11th Circuit, Florida, Florida Middle District