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December 14, 2017
Due Process Violations Can Be Waived by Inaction, Eleventh Circuit Says
Motion for reconsideration must be made promptly, or due process violation will evaporate.
11th Circuit
December 13, 2017
Eleventh Circuit Requires No Objection to Overturn a Final Confirmation Order
Split decision allows a lender to take property out of an estate automatically.
11th Circuit
Sixth Circuit Has Simple Requirement for a Debtor’s Claim to Survive Confirmation
If creditors want more information about a lawsuit to pursue after confirmation, they must ask for it.
6th Circuit
December 08, 2017
Circuits Split on Appellate Standard for Finding of ‘Indubitable Equivalent’
Equitable defenses can bar payment of interest on a fully secured claim, Fourth Circuit holds.
4th Circuit
November 30, 2017
Debtor Warns Supreme Court to Avoid Sunnyslope and Another Valuation Controversy
There is no circuit split interpreting the Rash mandate to employ replacement value, debtor argues.
Supreme Court
November 14, 2017
Non-Voting Creditors’ Consent to Third Party Releases Can’t Be Inferred
New York and Delaware judges disagree on third party releases by non-voting creditors.
2nd Circuit
,
New York
,
New York Southern District
November 09, 2017
Paying More on Student Loans Isn’t Unfair Discrimination Automatically
Chapter 13 plan shouldn’t end up increasing student loan debt, judge implies.
4th Circuit
,
South Carolina
November 01, 2017
Justices Hear Argument in Lakeridge on Appellate Standards for Nonstatutory Insiders
Supreme Court to decide if inferences from undisputed facts are reviewed de novo or for clear error.
Supreme Court
October 27, 2017
Plan’s Interest Rate Held to Govern Tax Claims, Not the Rate in the IRS Code
‘Strained’ argument by the IRS about recoupment didn’t overcome terms of a confirmed plan.
3rd Circuit
,
Delaware
October 24, 2017
Eleventh Circuit Approves Anti-Suit Injunction Protecting Non-Settling Defendant
Millennium-like third-party releases were approved without reaching constitutional issues.
11th Circuit
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