April 08, 2016

Paid in Full but Impaired, Lender Entitled to Pendency Interest at Default Rate

9th Cir. BAP precludes using ‘equitable discretion’ to lower lender’s interest rate.

9th Circuit

April 05, 2016

Plan in Suspended Animation when Chapter 13 Case Converted to Chapter 7

Judge ducks ability to reconvert previously converted case to chapter 13.

10th Circuit, New Mexico

April 04, 2016

Chicago Judge Splits with Ninth Circuit on Interest for Unsecured Claims in Surplus Plan

Default interest rate given to unsecured creditors in full-payment chapter 11 plan.

7th Circuit, Illinois, Illinois Northern District

March 28, 2016

Second Circuit May Be Trimming Back Doctrine of Equitable Mootness

Another circuit joins the trend toward limiting the doctrine of equitable mootness.

2nd Circuit

March 22, 2016

Fraud Isn’t the Only Ground for Revoking Chapter 13 Confirmation

Court in the Ninth Circuit takes more flexible approach to revoking confirmation.

9th Circuit, Oregon

March 07, 2016

Courts Split on Stripping Down Residential Mortgages in Chapter 11

Ninth Circuit B.A.P. and Third Circuit duke it out over Section 1123(b)(5).

9th Circuit, California, California Northern District

February 15, 2016

Nationwide Class Suits Barred; Loophole Found for Fee-Only Chapter 13 Plans

Consumer debtors bat 500 last week in significant cases.

7th Circuit, Illinois, Illinois Northern District

February 11, 2016

Claim Buyer Doesn’t Acquire Seller’s Insider Status, Ninth Circuit Holds

Debtor-friendly opinion validates strategy for cramming down on secured lender.

9th Circuit

February 09, 2016

United Operating Only Protects Creditors and Shareholders, Bankruptcy Judge Holds

Restriction on post-confirmation suits is further limited in the Fifth Circuit.

5th Circuit, Texas, Texas Southern District

February 05, 2016

Lender Protected from Forced Vesting of Title; Debtors Win on Fees and Repeat Filings

Debtors notch three wins and lose once in significant consumer cases.

Supreme Court