December 14, 2017

Odds Rise for a Supreme Court Ruling on Valuation Standard for Chapter 11 Cramdown

Professors and former judges urge Supreme Court to review Sunnyslope.

Supreme Court

December 13, 2017

Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation

If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.

6th Circuit

December 11, 2017

Inventory Liens Always Prevail over Reclamation Claims, Indianapolis Judge Says

BAPCPA amendments were a mess but cleaned up one issue on reclamation, according to Judge Graham.

7th Circuit, Indiana, Indiana Southern District

November 30, 2017

Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy

There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.

Supreme Court

November 29, 2017

Courts Split on Whether Claims for Overpayments of DSOs Are Themselves DSOs

Status of claims for overpayment of domestic support obligations begs for appellate review.

7th Circuit, Illinois, Illinois Northern District

November 24, 2017

Even ‘False’ Debts Are Discharged

Student loan lender’s argument was ‘preposterous,’ judge says.

5th Circuit, Texas, Texas Southern District

November 22, 2017

Tenth Circuit Direct Appeal to Decide Whether the Automatic Stay Is Really Automatic

Circuits are split on whether inaction is an ‘act’ that violates the automatic stay.

10th Circuit

November 21, 2017

“Substantial Contribution” Claim Allowed in Chapter 13

Split grows on whether ‘substantial contribution’ claims are limited to chapters 9 and 11.

6th Circuit, Michigan, Michigan Eastern District

November 20, 2017

Owning a Home Through an LLC Can Preclude a Homestead Exemption

State laws vary on allowing homestead status for a house owned through an LLC.

2nd Circuit, Vermont

November 16, 2017

Supreme Court Might Grant ‘Cert’ to Resolve a Split on Dischargeability

Solicitor General believes oral misrepresentation of one asset does not result in nondischargeability.

Supreme Court