September 24, 2018

Makewhole Premium Disallowed When the Debt Had Been Accelerated

Judge Flatley avoids taking sides in the Second/Third Circuit split.

4th Circuit, West Virginia, West Virginia Northern District

September 20, 2018

Courts Split over Interest on Unsecured Claims in 100% Chapter 13 Plans

‘Value’ doesn’t mean ‘present value’ in Section 1325(b)(1)(A), Judge Lorch says.

7th Circuit, Indiana, Indiana Southern District

September 17, 2018

Class Proofs of Claim Allowed When the Bar Notice Drew Few Individual Claims

Constitutionally sufficient notice of a bar date may not preclude the use of a class proof of claim under Bankruptcy Rule 7023, Judge Hale says.

5th Circuit, Texas, Texas Northern District

September 07, 2018

Avoiding Powers Under PROMESA May Be Applied Retroactively

Defining collateral by reference in a UCC-1 is held invalid in Puerto Rico’s bankruptcy.

1st Circuit, Puerto Rico

September 05, 2018

Chicago District Judge Reestablishes Chapter 13 Debt Limits on Student Loans

Debtors with too much student loan debt are functionally ineligible for any form of bankruptcy relief.

7th Circuit, Illinois, Illinois Northern District

August 30, 2018

Fifth Amendment Can Be an Almost Complete Bar to a Rule 2004 Production

Required records and authenticated documents already known to exist are not protected from production by the privilege against self-incrimination.

5th Circuit, Texas, Texas Western District

August 24, 2018

Two Circuits Agree on When Social Security Benefits Accrue

The Third and Seventh Circuits agree on a concept that limits a debtor’s ability to recover accrued Social Security benefits that are set off before bankruptcy.

7th Circuit

August 22, 2018

Valuation of a Retained Mobile Home Does Not Include Delivery and Setup Costs

Fifth Circuit notches a victory for chapter 13 debtors retaining mobile homes.

5th Circuit

August 21, 2018

Four Circuits Agree on Calculating an Exemption Impairment Under Section 522(f)

The circuits agree on a method for calculating an exemption impairment that disadvantages debtors.

10th Circuit

August 17, 2018

Third Circuit Explores the Limits of Channeling Injunctions Protecting Insurers

Caution: Do not use heavy machinery. Reading this story may induce drowsiness.

3rd Circuit