November 10, 2020
Ninth Circuit Extinguishes Another Mortgage Where the Lender Had Fallen Asleep
The appeals court allows a tiny lien to wipe out a big mortgage if the bank wasn’t vigilant at the time of foreclosure.
9th CircuitNovember 09, 2020
Split Widens on Trustee’s Ability to Use the IRS’s Longer Statute of Limitations
North Carolina Judge disagrees with the Fifth Circuit on extending the statute of limitations to 10 years under Section 544(b)(1).
4th Circuit, North Carolina, North Carolina Western DistrictNovember 06, 2020
Fifth Circuit Upholds Constitutionality of Increase in U.S. Trustee Fees
Dissenter in the Fifth Circuit believes that having both U.S. Trustees and bankruptcy administrators violates the Uniformity Clause.
5th CircuitNovember 05, 2020
Creditors Lack Standing to Enforce the Automatic Stay in the Ninth Circuit
A subordinate lender lacked appellate standing to appeal the annulment of the automatic stay in favor of a senior lender.
9th CircuitNovember 04, 2020
Deceased Chapter 13 Debtor Excused from Taking Financial Management Course
Courts are split on whether the estate of a deceased chapter 13 debtor can receive a discharge if the debtor had not completed a financial management course.
10th Circuit, UtahOctober 30, 2020
Judge Isgur Sides with the Third Circuit and Allows Makewhole Premiums
Creditors are entitled to ‘default interest’ when the debtor is solvent.
5th Circuit, Texas, Texas Southern DistrictOctober 29, 2020
Houston Judge Rejects Tenth Circuit Opinion Immunizing Subsequent Transferees
Proceeds from fraudulently transferred property can be recovered from subsequent transferees, Judge Rodriguez says, differing with the Tenth Circuit’s Generation Resources opinion.
5th Circuit, Texas, Texas Southern DistrictOctober 28, 2020
Fifth Circuit Allowed an Extension of the Discharge Deadline After the Deadline Had Passed
The equitable power under Section 105(a) permits extending the discharge objection deadline when the court makes a mistake.
5th CircuitOctober 26, 2020
Eleventh Circuit Finds Discretion to Disregard the Barton Doctrine
Is the Barton doctrine based on a lack of subject matter jurisdiction, or is it a prudential rule?
11th CircuitOctober 22, 2020
On a Circuit Split, Sovereign Immunity Wasn’t Waived for Indian Tribes, Judge Says
Section 106 wasn’t sufficiently explicit to waive sovereign immunity for Indian tribes, Judge Frank Bailey said in siding with the Sixth Circuit and differing with the Ninth Circuit.
1st Circuit, Massachusetts