September 29, 2022
Debtor Retains Appreciation in Nonexempt Property Sold During Chapter 13
Judge Rosania answered a question left open by the Tenth Circuit in Barrera.
10th Circuit, ColoradoSeptember 01, 2022
Bankruptcy Courts Always Have Post-Confirmation Jurisdiction for ‘Core’ Matters
The Third Circuit opinion by Thomas Ambro explained that the ‘close nexus’ test does not apply when a post-conformation dispute is ‘core’ or entails enforcing a court order.
3rd CircuitAugust 30, 2022
Filing ‘13’ Immediately After Renewing a Title Loan Might Be Bad Faith
Reversing the bankruptcy court, a district court says that renewing a title loan before filing might bar confirmation of a chapter 13 plan.
11th Circuit, Alabama, Alabama Middle DistrictAugust 24, 2022
Fifth Circuit Permits Gatekeeping to Serve the Function of Third-Party Releases
Adhering to the categorial prohibition of nondebtor third-party releases, the Fifth Circuit now allows a workaround to protect principal participants in chapter 11 cases.
5th CircuitAugust 19, 2022
Fifth Circuit Holds that Surety Bonds Are Not Executory Contracts
The Fifth Circuit said in dicta that courts might apply the ‘functional approach’ rather than the Countryman test in deciding whether a triangular contract is executory.
5th CircuitAugust 18, 2022
After Siegel, Tenth Circuit Mandates Refunds for Overpayment of U.S. Trustee Fees
The Tenth Circuit is the first appeals court to rule on remedy after the Supreme Court said that the 2018 increase in U.S. Trustee fees was unconstitutional.
10th CircuitAugust 10, 2022
Bankruptcy Removal Isn’t the Same as General Removal, Fifth Circuit Explains
Fifth Circuit finds ‘related to’ jurisdiction in a lawsuit between two third parties who were neither debtors nor creditors.
5th CircuitJuly 21, 2022
First and Ninth Circuits Split on Discharge of Takings Clause Claims
Splitting with the Ninth Circuit, the First Circuit holds that claims under the Takings Clause cannot be discharged in a municipal bankruptcy.
1st CircuitJune 17, 2022
Ninth Circuit Describes the Pleading and Proof for Converting from ‘11’ to ‘7’
With the statute silent, the Ninth Circuit makes rules for assets that go to the chapter 7 estate on conversion from chapter 11.
9th CircuitJune 16, 2022
Plan Amendment Barred When Just a Few Claims Had Been Paid After Confirmation
Substantial consummation under Section 1193(b) was defined by the bankruptcy court to mean commencement of distributions to some but not all creditor classes.
7th Circuit, Illinois, Illinois Northern District