November 14, 2017

Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred

New York and Delaware judges disagree on third party releases by non-voting creditors.

2nd Circuit, New York, New York Southern District

November 09, 2017

Paying More on Student Loans Isn’t Unfair Discrimination Automatically

Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.

4th Circuit, South Carolina

November 06, 2017

Debtor Can’t Reaffirm an Auto Loan by Waiving Discharge of the Debt

Chief Judge Gorman requires strict adherence to Section 524(c) in reaffirming a debt.

7th Circuit, Illinois, Illinois Central District

November 01, 2017

Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders

Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.

Supreme Court

October 27, 2017

Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code

‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.

3rd Circuit, Delaware

October 23, 2017

Second Circuit Splits with Third on Makewholes Occasioned by Bankruptcy

Till doesn’t apply in fixing cramdown interest rates in major corporate reorganizations, circuit says.

2nd Circuit

October 18, 2017

Ninth Circuit Creates Split on Appellate Standard for ‘Consumer Debt’ Determination

Dissenter contends that the majority misread the circuit’s own precedent.

9th Circuit

October 17, 2017

A Future Advance Clause Saved a Loan from Being Unperfected

Potential harm to the debtor is not a factor in deciding to avoid an unperfected lien.

5th Circuit, Texas, Texas Western District

October 12, 2017

Unclaimed Distributions Go to the Treasury, Not to Other Creditors, Judge Says

Tennessee judge changes a practice established in 1995 regarding unclaimed distributions.

6th Circuit, Tennessee, Tennessee Middle District

October 05, 2017

No Statutory Fees for Standing Chapter 13 Trustees if Dismissal Precedes Confirmation

With no circuit authority, lower courts are split on the fate of standing trustees’ fees when a chapter 13 case is dismissed before confirmation.