February 18, 2021
Medicaid Fraud Suit in State Court Isn’t Subject to the Automatic Stay
Even though the debtor was no longer in business, a Medicaid fraud suit was not subject to the automatic stay and thus served as a deterrent to others.
5th Circuit, Texas, Texas Southern DistrictFebruary 10, 2021
Court Records Destroyed, a Finding of Proper Notice Presumes Notice by Publication
The finding of proper notice in a confirmation order satisfies the debtor’s burden of proving notice by publication to creditors with future claims, even in the absence of a trust for future creditors, Houston judge says.
5th Circuit, Texas, Texas Southern DistrictFebruary 08, 2021
Texas Legislature Didn’t Succeed in Giving Lien Priority to Oil and Gas Producers
Fifth Circuit says that Oklahoma protected that state’s oil and gas producers while Texas didn’t.
5th CircuitFebruary 03, 2021
Debtors Win in District Court: They Can Avoid Judicial Liens on Impounded Cars
Car owners lost in Fulton but won when a Chicago district judge affirmed and ruled that debtors may avoid judicial liens on impounded cars.
7th Circuit, Illinois, Illinois Northern DistrictFebruary 02, 2021
‘Accrual Test’ Survives to Say Whether the Debtor or the Estate Owns a Claim
Are there two tests for the existence of a claim, one test for claims against the debtor and another for claims by the debtor?
6th CircuitJanuary 26, 2021
Insurers Don’t Pay Bankruptcy Costs in a Mass-Tort Chapter 11
A voluntary chapter 11 case is neither a ‘suit’ nor a ‘claim’ against a debtor giving rise to an insurer’s duty to defend.
7th Circuit, Indiana, Indiana Southern DistrictJanuary 19, 2021
Cross-Collateralization Turns Two Loans into One Claim in the Fifth Circuit
When personal property loans are cross-collateralized, a chapter 13 plan must use the same option for cramming down both loans, the Fifth Circuit says.
5th CircuitJanuary 14, 2021
Even with Knowledge of Bankruptcy, Discharge Contempt Requires Notice of Discharge
The Ninth Circuit BAP says there must be knowledge of the discharge order to find contempt, even when the debtor continues the same conduct that violated the automatic stay.
9th CircuitDecember 15, 2020
The Mailbox Presumption Won’t Deem a Claim to Have Been Timely Filed
Courts are split on the extent to which an affidavit of timely mailing will suffice to prove that a claim was filed.
4th Circuit, North Carolina, North Carolina Middle DistrictDecember 09, 2020
Courts Are Split on the Interest Rate for Unsecured Creditors of a Solvent Debtor
California judge disagrees with a Texas judge and rules that creditors of a solvent debtor are not entitled to the higher state judgment rate or the higher contract rate.
9th Circuit, California, California Southern District