February 12, 2018
Rejecting a Contract Precludes a Suit for Post-Petition Breach
Opinion ostensibly leaves a debtor without recourse for a supplier’s post-petition breach occurring before rejection.
5th CircuitFebruary 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 CircuitFebruary 06, 2018
Ok to Bifurcate the Lien on an Auto Used by the Debtor’s Non-Filing Partner
Congress created a loophole in the hanging paragraph in Section 1325(a).
4th Circuit, West Virginia, West Virginia Northern DistrictFebruary 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, ColoradoJanuary 31, 2018
Eighth Circuit Broadly Draws the Line to Identify ‘Unknown’ Claims that Are Discharged
Eighth Circuit sides with the Third: ‘Reasonably ascertainable,’ not ‘reasonably foreseeable,’ determines which creditors are entitled to actual notice.
8th CircuitJanuary 09, 2018
Update: The Justices May Hear Another Bankruptcy Case, but Not Sunnyslope
Odds have risen that the high court will decide whether an oral statement about one asset is a statement of ‘financial condition’ that must be in writing.
Supreme CourtJanuary 05, 2018
Third-Party Releases Are Permissible in Theory, Minneapolis Judge Says
Judge issues a tongue-lashing for a three-year reorganization that rewards lawyers but pays nothing so far to sexual abuse claimants.
8th Circuit, MinnesotaDecember 26, 2017
French ‘Safeguard’ Plan Held to Qualify for Enforcement in the U.S.
New York judge enforces a French reorganization similar to a U.S. prepack.
2nd Circuit, New York, New York Southern DistrictDecember 21, 2017
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.
11th Circuit, Georgia, Georgia Northern DistrictDecember 21, 2017
Courts Split on Ability to Redeem a Tax Deed Under a Plan
Another court rules on automatic removal of property from the estate under state law.