Displaying with Topic Claims

July 22, 2020

Second Circuit Broadly Caps Wage Claims Accelerated Before Bankruptcy

Second Circuit prevents ‘artful drafting’ from evading the cap on golden parachutes under Section 502(b)(7).

2nd Circuit

July 15, 2020

Fines for Defrauding Consumers Are Dischargeable in a Corporate Chapter 11 Plan

Courts are divided on discharging fines in a corporate chapter 11 case when the government itself was not defrauded.

2nd Circuit, New York, New York Southern District

July 10, 2020

Eighth Circuit Won’t Impose Unwritten Requirements on Service of a Claim Objection

In the Bankruptcy Rules, a claim objection isn’t treated like a motion for all purposes, the Eighth Circuit says.

8th Circuit

July 08, 2020

Disclosing a Lawsuit Only in the SOFA Won’t Result in Abandonment, BAP Says

Disclosing a lawsuit in the SOFA and discussing the suit with the trustee is no substitute for listing the suit among a debtor’s assets, the Ninth Circuit BAP says.

9th Circuit

June 16, 2020

Ninth Circuit Criticizes the Supreme Court’s Kelly v. Robinson

Discovery sanctions are dischargeable under Section 523(a)(7), even when incorporated into a bar disciplinary suspension.

9th Circuit

June 08, 2020

Eleventh Circuit Holds that a Chapter 13 Plan Alone Can’t Assume a Lease or Contract

In the first court of appeals decision on the topic, the Eleventh Circuit holds that the chapter 13 trustee alone has power to assume a lease or contract.

11th Circuit

June 04, 2020

Ninth Circuit Narrowly Reads Section 506(d) on Voiding Liens After Claim Disallowance

A claim must be disallowed based on the invalidity of the debt before the associated lien can be voided under Section 506(d), the Ninth Circuit ruled in upholding the BAP.

9th Circuit