May 02, 2018

No “Related To” Jurisdiction for a Chapter 7 Debtor’s Postpetition Malpractice Claims

A chapter 7 debtor’s postpetition legal malpractice claims are not estate property, BAP says.

9th Circuit

April 24, 2018

Tax Sales Can Be Avoided as Preferences, New Jersey District Judge Rules

Not a true public sale, a tax foreclosure in New Jersey can be attacked as a preference without implicating concerns about federalism.

3rd Circuit, New Jersey

April 23, 2018

Still No Universal Test for Bifurcating an Auto Loan in Chapter 13

Courts are groping to define ‘personal use’ because Congress didn’t.

6th Circuit, Tennessee, Tennessee Eastern District

April 20, 2018

Fully Encumbered Property Is Not a Debtor’s Asset, First Circuit Says

Perplexing opinion may only apply to the status of assets before bankruptcy.

1st Circuit

April 18, 2018

Supreme Court Holds Argument in Lamar, Archer & Cofrin on Dischargeability

The high court seemed primed to rule that a debt will be discharged despite an oral misrepresentation about one asset.

Supreme Court

April 10, 2018

Failing to Purchase Health Insurance Won’t Result in a Priority Tax Claim

Another court rules that Sebelius isn’t controlling on the characterization of the individual mandate under the Bankruptcy Code.

4th Circuit, North Carolina, North Carolina Eastern District

April 06, 2018

Unclaimed Oil and Gas Royalties Cannot Become Estate Property, Texas Judge Says

Confirmation order cannot turn someone else’s property into estate property.

5th Circuit, Texas, Texas Southern District

April 04, 2018

Delaware & New York Courts Still Agree on Treatment Among Undersecured Creditors

Post-petition interest accruals aren’t counted in figuring distributions among undersecured creditors with liens on the same collateral.

3rd Circuit, Delaware

April 04, 2018

Another Bankruptcy Judge Disregards Student Loans on Chapter 13 Eligibility

Student loan debtor ineligible for chapter 7 may pursue chapter 13 even with too much unsecured debt, Judge Catherine J. Furay says.

7th Circuit, Wisconsin, Wisconsin Western District

April 03, 2018

Not a ‘Mechanical Rule,’ Judicial Estoppel Requires Benefit, Second Circuit Says

Judicial estoppel requires ‘an effort to game the bankruptcy system.’

2nd Circuit