October 04, 2017

Counsel Must Eat Filing Fees in ‘No-Money-Down’ Chapter 13s

Lawyers can’t be reimbursed for advancing filing fees through fee applications or ‘no-look’ fees.

5th Circuit, Louisiana, Louisiana Western District

October 03, 2017

Previously Listing Property as a Principal Residence Didn’t Preclude a Later Cramdown

Limited knowledge of English and ‘nuances’ in legal terms saved debtor from a fatal admission.

2nd Circuit, New York, New York Eastern District

September 29, 2017

No New Bankruptcy Cases Have Been Added to Supreme Court Docket — Not Yet, at Least

Several cases are in the running for Supreme Court review this term or next.

Supreme Court

September 19, 2017

Fee Cap in Section 502(b)(4) Seldom Applies to Contingencies, Ninth Circuit Holds

Ninth Circuit ringingly endorses allowance of prepetition contingent fee arrangements.

9th Circuit

September 18, 2017

Delaware Judge Narrows Jevic to Prohibit Only End-of-Case Priority Skipping

Priority skipping permitted as part of final approval of DIP financing.

3rd Circuit, Delaware

September 08, 2017

PROMESA Didn’t Enjoin Damages Suit Against Puerto Rico Government Official

Courts are reluctant to employ PROMESA as a shield against suits involving government administration.

1st Circuit, Puerto Rico

September 06, 2017

Courts Can’t Sanction Debt Collectors for Filing Stale Claims after Midland Funding

The Code or rules must change to bar debt collectors from filing stale claims, Judge Dow says.

8th Circuit, Missouri, Missouri Western District

September 01, 2017

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

Federalism concerns do not protect tax foreclosures like they do mortgage foreclosures, Judge Gravelle says.

3rd Circuit, New Jersey

August 29, 2017

Defamation Claim Is Not a Personal Injury Tort, New York Judge Rules

California’s anti-SLAPP statute is substantive, but not entirely enforceable in federal court.

2nd Circuit, New York, New York Southern District

August 28, 2017

Value of Collateral Does Not Limit Lender’s Fraudulent Transfer Recovery

Ninth Circuit follows the Eleventh with a liberal recovery for an intentionally fraudulent transfer.

9th Circuit