May 05, 2017

A ‘Loan’ Is Not an ‘Educational Benefit,’ Ninth Circuit BAP Holds

BAPCPA amendments on student loans modified the definition of ‘educational benefit.’

9th Circuit

May 02, 2017

Treatment of Equally Ranked Undersecured Creditors Is Ready for Appeal in Delaware

Judge Sontchi sticks by his 2016 decision in the Energy Future reorganization.

3rd Circuit, Delaware

April 24, 2017

Deemed Recourse Rights under Section 1111(b) Don’t Survive Foreclosure, Circuit Says

Ninth Circuit says deemed recourse terminates when the estate no longer owns the collateral.

9th Circuit

April 21, 2017

Bank Zapped $1.3 Million for an Erroneous Estoppel Letter that Blocked a Sale

Lender assessed the costs of chapter 11 for causing an unnecessary bankruptcy.

11th Circuit, Florida, Florida Middle District

April 17, 2017

Unenforceable Reaffirmation Agreements Trump the D’Oench Duhme Doctrine

Rights of debtors take precedence over rights of the FDIC, the Tenth Circuit holds.

10th Circuit

April 14, 2017

Res Judicata Bars Later Suit Against the Owner for WARN Act Violation

Owners and employers should be sued together on the WARN Act to avoid claim splitting.

April 11, 2017

For Chapter 13 Eligibility, Lease Claims Aren’t Capped

Large judgment for future rent made debtors ineligible for chapter 13.

5th Circuit, Texas, Texas Southern District

April 10, 2017

An Interest Not a Lien Under State Law May Be a Lien Under the Bankruptcy Code

Bankruptcy law definition of a ‘lien’ is broader than state law.

8th Circuit, Missouri, Missouri Western District

April 07, 2017

Surprising Analysis Yields the Expected Result on Choice of Law for Claims

Chosen law governed statute of limitations for allowance of claims in bankruptcy.

9th Circuit

April 07, 2017

Judge Splits with his BAP and Allows ‘Substantial Contribution’ Claim in Chapter 7

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

9th Circuit, California, California Central District