December 30, 2016

Chapter 12 Eligibility Requirements Construed Liberally in Favor of the Debtor

Unfiled claims aren’t included in calculation of total debt for chapter 12 eligibility.

6th Circuit, Kentucky, Kentucky Western District

December 27, 2016

Seventh Circuit Narrowly Interprets Co-Debtor Stay in Section 1301(a)

Co-debtor stay prevented from becoming an automatic stay for a non-filing spouse.

7th Circuit

December 23, 2016

Judge Posner Says Chapter 13 Confirmation Doesn’t Make Appeals Moot

Entireties ownership wasn’t terminated by transfer to a trust owned by the entireties.

7th Circuit

December 22, 2016

Disclaimer Saves Debt Collector from Violating the FDCPA in the Fourth Circuit

An admitted attempt to collect a debt rendered informational only by a disclaimer.

4th Circuit

December 21, 2016

Impending Circuit Split on ‘Makewholes’ Prompts Rehearing Motion by Energy Future

Energy Future claims Third Circuit panel misinterpreted governing New York law.

3rd Circuit

December 20, 2016

Debtor Has Valid Homestead Exemptions Even Without Equity in the Property

Adhering to traditional bankruptcy concepts, Utah judge gives reasons for reversing Jevic.

10th Circuit, Utah

December 19, 2016

Child Support Cases Avoid Thorny Choice of Law Questions

Judge Janice Loyd writes a handbook on choice of law and statutes of limitations.

10th Circuit, Oklahoma, Oklahoma Western District

December 09, 2016

Judge Reverses Course and Allows Reclassification of Deficiency Claim

Chapter 13 debtor permitted to surrender collateral and reclassify deficiency as unsecured.

11th Circuit, Alabama, Alabama Northern District

December 08, 2016

‘Close Nexus’ Test Not Always Applicable for Post-Confirmation Jurisdiction

Rule 2004 may be used after confirmation, even if the plan does not reserve jurisdiction.

3rd Circuit, Delaware

December 07, 2016

New Mexico Judge Avoids the Jevic Controversy by Requiring Payment on Priority Claims

‘General unsecured creditor’ is an ambiguous term not defined in the Bankruptcy Code or Rules.

10th Circuit, New Mexico