January 19, 2018

Pursuing an Untimely Appeal Is Frivolous and Warrants Sanctions in the Fifth Circuit

Losing its patience with late-filed appeals, the Fifth Circuit is close to making significant sanctions automatic.

5th Circuit

January 15, 2018

Supreme Court Grants Certiorari in a Third Bankruptcy Case This Term

High court to decide whether a false oral statement about one asset results in nondischargeability.

Supreme Court

January 10, 2018

BAP Declines to Rule on Waiver Resulting from Election to ‘Surrender’

Mortgage lender fails to export the Eleventh Circuit’s Failla decision to the Ninth Circuit.

9th Circuit

January 09, 2018

Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope

Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.

Supreme Court

January 04, 2018

Chicago Judge Erases Chapter 13 Debt Limits on Student Loans

Large student loans do not justify dismissal of a chapter 13 case when chapter 11 is the only alternative, Bankruptcy Judge Janet S. Baer says.

7th Circuit, Illinois, Illinois Northern District

January 03, 2018

Misrepresenting One Asset Is More Dangerous than Misrepresenting All Assets

Boasting about ‘strong financial condition’ must be in writing for the debt to be nondischargeable, Fifth Circuit says.

Supreme Court

December 28, 2017

Administrative Status Given for Claims Against an Assignee for Creditors

Chicago judge finds flexibility for granting ‘protection’ claims under Section 543(c)(1).

7th Circuit, Illinois, Illinois Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

11th Circuit, Georgia, Georgia Northern District

December 21, 2017

Courts Split on Ability to Redeem a Tax Deed Under a Plan

Another court rules on automatic removal of property from the estate under state law.

December 19, 2017

Claim of an Involuntary Petitioner Must Be Entirely Undisputed

BAPCPA amendments changed prior law on disputed claims and involuntary petitions, Nevada judge says.