October 04, 2019

Separate Classification of a Child’s Student Loan Barred in a Chapter 13 Plan

Factors in permitting separate classification of debts include moral obligation and tangible benefit.

4th Circuit, North Carolina, North Carolina Eastern District

September 30, 2019

First Circuit PROMESA Opinion Addresses the Automatic Stay and Trust Funds

Appeals court says that the bankruptcy court must always address the existence of a trust when ruling on a motion to modify the automatic stay.

1st Circuit, Puerto Rico

September 26, 2019

Another Court Limits ‘Related To’ Jurisdiction Based on Indemnification Claims

W.R. Grace makes more law on channeling injunctions.

3rd Circuit, Delaware

September 24, 2019

Section 505(a) Doesn’t Confer Jurisdiction to Determine Amount of a Tax, Circuit Says

Seventh Circuit splits with other circuits on basis for jurisdiction to determine the amount of a tax.

7th Circuit

September 20, 2019

BAP Decision Previews Issues Confronting the Supreme Court in Ritzen

Professing to follow Ritzen, Sixth Circuit BAP reverts to a more pragmatic approach to ‘finality.’

Supreme Court

September 19, 2019

Sometimes, a Claim Purchaser Can’t File a Claim, Delaware Judges Say

Judges Stark and Carey from Delaware distinguish between prohibiting the power and the right to assign a claim.

3rd Circuit, Delaware

September 18, 2019

New Jersey Tax Foreclosures Can Be Preferences, Third Circuit Rules

Although a foreclosure sale can be immune from fraudulent transfer attack, a tax foreclosure not based on the value of the property can be a preference.

3rd Circuit, New Jersey

September 17, 2019

Second Circuit Explains when Default Judgments Qualify for Issue Preclusion

Discovery abuse in a prior lawsuit can result in nondischargeability in a later bankruptcy.

2nd Circuit

September 09, 2019

Ninth Circuit Sides with the FDIC over Ownership of Tax Refunds

An appeal in the Ninth Circuit did not reach the issue to be decided by the Supreme Court in <em>Rodriguez</em>.

9th Circuit

September 05, 2019

Fifth Circuit Invokes ‘Policies’ in Ruling on Subordination under Section 510(b)

Policy informs the result when the statutory language is ambiguous.

5th Circuit