February 08, 2018

Ninth Circuit Holds that One Accepting Class in Joint Plan Is Sufficient

A secured creditor making the 1111(b) election is not automatically entitled to a due-on-sale clause paying the claim in full if the property is sold after confirmation.

9th Circuit

February 08, 2018

Filing a Dischargeability Motion Rather Than a Complaint Is Not Fatal

Relation-back kicks in if an earlier motion contains the elements of a complaint.

11th Circuit

February 07, 2018

A Bogus Claim May Beat Summary Judgment, but It Won’t Reach a Jury

A defense that fails the ‘laugh test’ still beats a summary judgment motion, district judge says.

6th Circuit, Michigan, Michigan Eastern District

February 05, 2018

Colorado Judge Differs with Two Circuits on Chapter 13 Payments Beyond Five Years

Courts are also split on whether a five-year plan begins on confirmation or on the first chapter 13 plan payment.

10th Circuit, Colorado

February 02, 2018

No Quick Exit for Any Creditors from Puerto Rico’s Financial Mess, Judge Says

Judge refuses to issue declaratory judgments about Puerto Rico’s use of tax revenues.

1st Circuit, Puerto Rico

February 02, 2018

Illinois Divorce Court Can Strip Away Estate Property, Seventh Circuit Says

Overlay divorce and bankruptcy, and you’ve got a big mess.

7th Circuit

February 01, 2018

Sovereign Immunity Fully Insulates a Tribe from Lawsuits

Sovereign immunity protects a tribe even after successful veil piercing.

6th Circuit, Michigan, Michigan Eastern District

January 30, 2018

Simply Initiating Events that Later Violate the Stay Is Not a Stay Violation

Second Circuit approves a stay-violation defense in a nonprecedential opinion.

2nd Circuit

January 29, 2018

Subsequent Transferees Can Be Sued Before Judgment Against the Initial Transferee

Circuits are split on requiring a judgment before suing a subsequent transferee.

January 25, 2018

The Validity of a ‘Golden Share’ to Bar a Filing Goes to the Fifth Circuit

The Fifth Circuit is being asked to decide whether loan structuring can prevent a borrower from filing bankruptcy.

5th Circuit, Mississippi, Mississippi Southern District