July 10, 2019

Surety Beats Out the Bank in a Tussle over Retainage in a Construction Contract

Mississippi’s Judge Samson writes a treatise on the priorities between a secured lender and the provider of a payment and performance bond.

5th Circuit, Mississippi, Mississippi Southern District

July 09, 2019

Supreme Court to Tackle a Bankruptcy Tax Refund Circuit Split

Circuits are split on whether a tax refund presumptively goes to the subsidiary that created the losses giving rise to the refund.

Supreme Court

July 02, 2019

Overpaying a DSO Doesn’t Result in a Nondischargeable Debt, Seventh Circuit Holds

On an issue dividing the courts, the Seventh Circuit rules that an obligation to repay a domestic support obligation is a dischargeable debt, not a nondischargeable DSO.

7th Circuit

June 25, 2019

Intercreditor Agreement Didn’t Apply to Plan Distributions, Third Circuit Holds

The Third Circuit wrote an important decision on distributing collateral under an intercreditor agreement, but it wasn’t precedential.

3rd Circuit

June 21, 2019

Seventh Circuit Solidifies a Circuit Split on the Automatic Stay

Disagreeing with the Tenth and D.C. Circuits and siding with four other circuits, the Seventh Circuit rules that passively holding estate property violates the automatic stay.

7th Circuit

June 20, 2019

Receiver’s Settlement Powers Aren’t Greater than a Bankruptcy Trustee’s, Circuit Says

Fifth Circuit overturns a settlement that barred officers and directors from accessing insurance policies.

5th Circuit

June 10, 2019

Bankruptcy Judge Says Espinosa Overrules Eleventh Circuit Precedent

A chapter 13 plan that improperly modifies a home mortgage remains binding unless the lender has objected to confirmation.

11th Circuit, Florida, Florida Southern District

June 06, 2019

Electric Utility’s Customers Denied Official Committee Status in Chapter 11

Are utility customers entitled to an official committee because they will fund the reorganization plan? Judge Montali says ‘no.’

9th Circuit, California, California Northern District

May 29, 2019

Fourth Circuit Eliminates a Split on Modifying Short Term Mortgages in Chapter 13

Joining two other circuits, the Fourth Circuit now permits a chapter 13 debtor to strip down a short term home mortgage to the value of the property.

4th Circuit

May 23, 2019

Reconstructed Time Records Are Ok in a POC for Pre-Filing Attorneys’ Fees

Rule 3001 doesn’t require time records in a mortgage lender’s proof of claim, Judge Loyd says.

10th Circuit, Oklahoma, Oklahoma Western District