April 15, 2021
Seventh Circuit says that Fulton left open the question of whether holding an impounded car violates Sections 362(a)(4) or (a)(6).
7th Circuit
April 14, 2021
Fourth Circuit expands federal government’s setoff rights under the Treasury Offset Program.
4th Circuit
April 08, 2021
Subordination agreement did not transfer voting rights, but prudential standing nevertheless barred the subordinated creditor from participating in confirmation, Judge Somers says.
10th Circuit, Kansas
April 07, 2021
The Supreme Court’s Midland Funding opinion was no defense to invocation of a Nevada statute shifting fees and compelling the creditor to pay the debtor’s costs in expunging stale claims.
9th Circuit, Nevada
April 06, 2021
If a case is dismissed, all assets revest in the debtor and nothing remains in the bankruptcy estate, not even undisclosed assets.
9th Circuit
March 23, 2021
A triangular setoff valid under state law does not satisfy the mutuality requirement in Section 553(a).
3rd Circuit
March 04, 2021
Deferred payments to unsecured creditors in a chapter 13 plan must equal the present value of the distributions required by the best interests test, Judge Halfenger says.
7th Circuit, Wisconsin, Wisconsin Eastern District
March 03, 2021
An appeal from a critical vendor order was dismissed as equitably moot.
2nd Circuit
