April 02, 2018
Chapter 13 Strip-Off Ok Even if Lienholder Does Not File a Claim, Fourth Circuit Holds
A contrary result would have obviated the judicially recognized right to strip off underwater subordinate liens in chapter 13.
4th CircuitApril 02, 2018
Fifth Circuit Adopts Flexible Timing for Section 1111(b) Cramdown Valuation
Fifth Circuit refuses to adopt chapter 13 valuation timing to chapter 11 cramdowns.
5th CircuitMarch 27, 2018
SIPA Bars General Unsecured Claims for Failure to Transfer Accounts Before Filing
The trustee for a bankrupt broker can ignore an individual customer’s request to transfer securities to a solvent broker and may instead transfer customer accounts in bulk.
2nd Circuit, New York, New York Southern DistrictMarch 27, 2018
Rule 3001(c)(2)(D) Sanction Was 16 Times the Amount in Controversy
Innocent mistake turns into a $6,000 sanction for ‘willful failure to cooperate.’
10th Circuit, KansasMarch 22, 2018
Court May Depart from the Code When the Debtor Consents and No One Objects
Unique facts were again the basis for a result seemingly at odds with the statute.
2nd Circuit, New York, New York Northern DistrictMarch 21, 2018
Federal Common Law of Constructive Trust Works When State Law Won’t
Delaware judge shows sympathy for a creditor being stiffed by the debtor.
3rd Circuit, DelawareMarch 16, 2018
Judge Harner Pens a Primer on the Elements of an Executory Contract
Unperformed obligations must be ‘material’ for a contract to be executory.
4th Circuit, MarylandMarch 15, 2018
Filed and Unfiled Claims Not Aggregated for Chapter 12 Eligibility, BAP Holds
Courts are split on aggregating filed and non-filed claims in calculating chapter 12 eligibility.
6th CircuitMarch 14, 2018
Challenging Student Loans Permissible Six Years after Discharge
Destitute debtor allowed to challenge student loans six years after a chapter 7 discharge.
10th Circuit, New MexicoMarch 13, 2018
Unlicensed Debt Collectors May File Proof of Claim Despite State Law
Midland Funding expanded to allow unlicensed debt collectors to file claims.
4th Circuit, Maryland