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 17, 2016

Dischargeability Judgment Must Not Lower Interest on a Creditor’s Judgment

Abuse of discretion automatically results if a judgment harms a defrauded creditor.

9th Circuit, Oregon

March 16, 2016

All Punitive Sanctions in Bankruptcy Governed by One Standard in the Tenth Circuit

Ability to pay is one factor in imposing sanctions for misconduct.

10th Circuit, Colorado

March 08, 2016

Seventh Circuit Opines on Bullard and the Concept of ‘Finality’

Did Bullard alter the notion of ‘finality’? Not in the Seventh Circuit.

7th Circuit

March 08, 2016

Removing an Employee Benefit Plan Trustee Is Proper in District Court

Courts continue disregarding Section 704(a)(11) as grounds for jurisdiction.

1st Circuit, Puerto Rico

March 04, 2016

Chapter 13 Equated with Chapter 11 on Derivative Standing for Creditors

Creditor can sue when a chapter 13 trustee won’t or can’t.

3rd Circuit, Pennsylvania, Pennsylvania Eastern District

March 01, 2016

Debtors Not Sharing Fruits of Stay Violation Claim with Creditors Must Arbitrate

You can’t stiff your creditors and profit from an inadvertent stay violation claim.

9th Circuit, Oregon

February 29, 2016

11th Circuit May Follow 5th Circuit by Limiting Judicial Estoppel in Bankruptcy

Judge Tjoflat dissents from his own opinion to advocate rehearing en banc.

11th Circuit

February 26, 2016

First Circuit Looks Behind a Judgment in Ruling on Involuntary Petition

Minor dispute as to amount bars using a claim for filing an involuntary petition.

1st Circuit

February 24, 2016

Tim Blixseth Making Law on Extended Jailing for Civil Contempt

Is one year’s jailing too long for civil contempt? Evidently not in Montana.

9th Circuit, Montana