July 02, 2024
Judicial Estoppel Barred the Debtor from Filing an Undisclosed ‘PI’ Claim, Circuit Says
Eighth Circuit holds that a chapter 13 debtor, not the trustee, has standing to bring personal injury claims.
8th CircuitJune 21, 2024
Discharge Injunction Violations Can’t Be Heard in Federal District Court
Circuits are split on whether claims for contempt of the discharge injunction must be brought in the bankruptcy court that issued the discharge.
7th Circuit, Illinois, Illinois Northern DistrictJune 14, 2024
Avoidance of ‘Impairment’ Liens Can’t Be Delayed until Discharge in Chapter 13
If a ‘13’ case is dismissed after confirmation, the holder of an avoided lien retains remedies under state law, Judge Rosania says.
10th Circuit, ColoradoJune 13, 2024
Sub V Debt ‘Cap’ in Peril of Reverting to About $3 Million on June 21
One senator is blocking an extension of the $7.5 million debt cap for Subchapter V and the $2.75 cap for chapter 13.
Federal CircuitJune 11, 2024
The Estate Owns Claims for Continuing Course of Conduct Before and After Filing
Is Segal v. Rochelle good law following the adoption of the Bankruptcy Code?
9th CircuitJune 04, 2024
What Are ‘7’ Trustees Paid When the Case Converts to ‘13’ Before Distributions?
Courts have at least six theories about compensation for chapter 7 trustees for valuable services rendered when the case converts to chapter 13 before the trustee has made any distributions.
10th Circuit, New MexicoJune 03, 2024
Ninth Circuit Bankruptcy Judges Disagree on Allowing Emotional Distress Damages
One day apart, bankruptcy judges in the Ninth Circuit disagreed on emotional distress damages for violations of the discharge injunction.
9th CircuitMay 30, 2024
Res Judicata Bars Objections to Plan Amendments that Could Have Been Raised Before
Is feasibility of a plan reviewed for abuse of discretion or clear error? The circuits are split.
3rd CircuitMay 29, 2024
Circuits Split: Does Anti-Modification Apply to Any Property with a Principal Residence?
Eleventh Circuit seems to hold that a mortgage on any property with a principal residence can’t be modified even if the principal use of the property is commercial.
11th CircuitMay 28, 2024
An Agreement to Modify a Mortgage Was an Assumable Executory Contract
Is pre-filing a mortgage modification agreement a contract to make a loan that cannot be assumed under Section 365(c)(2)?
4th Circuit, West Virginia, West Virginia Southern District