February 27, 2017

Sixth Circuit Thwarts Tennessee in Jacking Up Interest Rate on Tax Claims

Does ‘nonbankruptcy law’ mean any law other than the Bankruptcy Code?

6th Circuit

Bar Date Not Extended Three Days for Service by Mail

As bar dates are fixed by the meeting of creditors, not by date of mailing, Rule 9006(f) isn’t applicable.

11th Circuit, Alabama, Alabama Middle District

February 24, 2017

Secured Creditors Need Not File Claims in Federal Receiverships, Circuit Holds

Opinion overlooks administrative problems when secured creditors don’t file claims.

11th Circuit

February 20, 2017

Constructive Trust Theory Fails Without Showing Unjust Enrichment

Parents who benefitted from son’s secret ownership couldn’t claim title.

2nd Circuit, New York, New York Eastern District

February 17, 2017

Circuits Now Split on Dischargeability for Third Party’s Violation of Securities Laws

Eleventh Circuit panel divided on reaching alternative holding under Section 523(a)(19).

11th Circuit

Supreme Court Unlikely to Decide Whether Claim Purchaser Takes Seller’s Insider Status

Solicitor General says that Ninth Circuit correctly held that purchaser of an insider’s claim doesn’t automatically become an insider.

Supreme Court

February 16, 2017

Falsely Misrepresenting One Asset Isn’t Grounds for Nondischargeability, Circuit Holds

Eleventh Circuit takes sides with the majority in circuit split over Section 523(a)(2).

11th Circuit

February 15, 2017

Courts Divided on Electric Service as ‘Goods’ Under Section 503(b)(9)

Judge relies on physics in ruling that electricity qualifies as ‘goods.’

10th Circuit, Colorado

Debtor’s Consent Judgment Doesn’t Result in Automatically Allowed Claim

Clever strategy failed to limit a debtor’s personal liability.

8th Circuit, Missouri, Missouri Western District

February 09, 2017

Claim Deadline Also Applies to Secured Creditors in Chapter 13, Judge Holds

Although not required to file claims, secured creditors must comply with the deadline if they do.

6th Circuit, Ohio, Ohio Northern District