May 17, 2021
Having Nondischargeable Debts Doesn’t Entitle a Chapter 7 Debtor to Object to Claims
Courts are split on whether having nondischargeable debts gives an individual chapter 7 debtor standing to object to claims.
6th Circuit, Tennessee, Tennessee Western DistrictMay 14, 2021
NRA’s Bankruptcy Dismissed as Being Filed for an Improper Purpose
Filing bankruptcy to gain a ‘litigation advantage’ in the N.Y. Attorney General’s dissolution action meant the chapter 11 petition was not filed in good faith and must be dismissed, Judge Harlan Hale rules.
5th Circuit, Texas, Texas Northern DistrictMay 11, 2021
Jevic Rises from the Dead to Bar Claims Brought Originally by the Creditors’ Committee
Not having challenged pre-petition liens on time, a chapter 7 trustee was barred from taking over an adversary proceeding initiated by a now-dissolved chapter 11 creditors’ committee.
3rd Circuit, DelawareMay 10, 2021
Subchapter V by Itself Doesn’t Bar Class Claims, Florida Judge Says
Judge Colton decided that class claims aren’t prohibited in Subchapter V cases but didn’t allow a class claim in the case before her.
11th Circuit, Florida, Florida Middle DistrictMay 06, 2021
On Dismissal of a ‘13,’ Barton May (or May Not) Bar Garnishments
Section 1326(a)(2) by itself does not bar garnishment of funds held by a trustee on dismissal before confirmation.
10th CircuitMay 05, 2021
Persistent Misbehavior Allows the Court to ‘Bend’ Strict Statutory Language, Circuit Says
First Circuit won’t allow a debtor to dismiss and avoid the consequences of abusive conduct.
1st CircuitMay 04, 2021
Once Repudiated, a Contract Is No Longer Executory
Courts disagree on whether a repudiated contract remains executory.
5th Circuit, Texas, Texas Southern DistrictMay 03, 2021
Another Circuit Upholds the 2018 Increase in U.S. Trustee Fees
Dissenters in the Fourth and Fifth Circuits evidently believe that the dual U.S. Trustee/Bankruptcy Administrator system is unconstitutional.
4th CircuitApril 30, 2021
Just Asking for Confirmation from a Data Furnisher Won’t Bar an FCRA Suit, Circuit Says
A jury should decide whether a credit-reporting agency was negligent by not examining court records to determine whether a debt had been discharged.
11th CircuitApril 27, 2021
Corporations Are More Likely Eligible for the SBRA than Owners of Defunct Businesses
Utah’s Judge Thurman says that a corporation liquidating its remaining assets is engaged in business ‘activities’ and is therefore eligible for Subchapter V.
10th Circuit, Utah