September 02, 2025
Third Circuit Dissenter Says that Bankruptcy Judges ‘Assist’ Article III Judges
The dissenter on rehearing believes there are narrow grounds for reopening a closed bankruptcy case.
3rd CircuitAugust 29, 2025
Third Circuit: Confirmation Order Was Res Judicata Between Third Parties
The majority on a Third Circuit panel decided that a confirmation order many years earlier prevented one nondebtor from suing another nondebtor on an issue that wouldn’t affect the debtor’s estate but did entail interpreting the confirmation order.
3rd CircuitAugust 28, 2025
On Panel Rehearing, Third Circuit Permits Reopening a 22-Year-Old Case
Reversing its prior decision after rehearing, the Third Circuit allowed a bankruptcy judge to interpret a confirmation decision made 12 years before by a district judge.
3rd CircuitAugust 12, 2025
Eleventh Circuit: Chapter 13 Debtor Keeps Settlement of a Personal Injury Claim
What’s a settlement of a personal injury claim? Is it income earmarked for creditors in chapter 13?
11th CircuitAugust 11, 2025
Bestwall Concurrence Believes in ‘Liberalization’ of Bankruptcy Powers
The concurring opinion in Bestwall could be read to suggest that Circuit Judge G. Steven Agee might have an open mind if a confirmed plan comes to the Fourth Circuit on appeal.
4th CircuitAugust 08, 2025
Bestwall Dissenting Opinion Reads Like Dismissal of LTL Mgmt for a Bad Faith Filing
The Bestwall dissenter understands the Bankruptcy Clause as having the 18th century definition of ‘bankruptcy,’ thus requiring insolvency or inability to pay debts.
4th CircuitAugust 07, 2025
Fourth Circuit Rules on Jurisdiction, not ‘Financial Distress’ for a Chapter 11 Debtor
Fourth Circuit majority and dissenting opinions might be read to suggest that Bestwall could have tough sledding on an appeal from confirmation since the debtor is solvent.
4th CircuitJuly 22, 2025
Unexpected Income Required Modification of a Chapter 13 Plan
Judge Rebecca B. Connelly allowed a debtor couple to retain enough unexpected income to pay deferred maintenance on the debtors’ home.
West VirginiaJune 30, 2025
Sixth Circuit Restricts Ability to Surrender Collateral and Modify a Chapter 13 Plan
Once a chapter 13 plan is confirmed, a debtor in the Sixth Circuit may not surrender collateral and treat the deficiency as an unsecured claim.
6th Circuit, Tennessee, Tennessee Middle DistrictJune 24, 2025
BAP Upholds Confirmation of a Plan with No Trust for Future Asbestos Claimants
Ninth Circuit BAP confirmed a plan with no future creditors’ trust when the debtor claimed there were no future claims and no one was in court representing future claimants.
9th CircuitPagination
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