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ABI Journal

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, Colorado

September 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 Circuit

August 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 District

August 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 Circuit

August 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 Circuit

August 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 Circuit

August 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 Circuit

July 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 Circuit

June 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 Circuit

June 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